Statutes in Court

Statutes in Court

Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion.

Author: William D. Popkin

Publisher:

ISBN: UOM:39015047474328

Category: Law

Page: 340

View: 327

Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion."--BOOK JACKET.
Categories: Law

Judging Statutes

Judging Statutes

225; Kevin M. Stack, Interpreting Regulations, 111 Mich. L. Rev. 355 (2012). See generally William D. Popkin, Statutes in Court: The History and Theory of Statutory Interpretation 2–3 (1999) (detailing the evolution of statutory ...

Author: Robert A. Katzmann

Publisher: Oxford University Press

ISBN: 9780199362141

Category: Law

Page: 256

View: 982

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Categories: Law

Statutes in Court

Statutes in Court

The History and Theory of Statutory Interpretation William D. Popkin. decisions or statutes ) to the broader fabric of the law , sensitive to the institutional competence of various lawmaking institutions . Statutory interpretation has ...

Author: William D. Popkin

Publisher: Duke University Press

ISBN: 0822323281

Category: Law

Page: 340

View: 256

Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion."--BOOK JACKET.
Categories: Law

Law and the Humanities

Law and the Humanities

theory, Corbin argued that statutes required the same recuperation of manifested intentions as contracts.92 Nevertheless, the public law character of statutory text has certainly shaded how it is interpreted.

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 9780521899055

Category: Law

Page: 539

View: 271

A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Categories: Law

Interpreting Statutes

Interpreting Statutes

Indeed , not only common law , but also civil law systems must deal with the place of the statute within a larger ... Ibid [ 52 ] , citing William D Popkin , Statutes in Court : The History and Theory of Statutory Interpretation ( 1999 ) ...

Author: Suzanne Corcoran

Publisher: Federation Press

ISBN: 1862875561

Category: Constitutional law

Page: 330

View: 871

Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.
Categories: Constitutional law

Conceptions and Misconceptions of Legislation

Conceptions and Misconceptions of Legislation

Rohwolt, Reinbeck bei Hamburg Nourse V (2012) A decision theory of statutory interpretation: legislative history by the rules. Yale Law J 122:70 Nourse VF, Schacter JS (2002) The politics of legislative drafting: a congressional case ...

Author: A. Daniel Oliver-Lalana

Publisher: Springer

ISBN: 9783030120689

Category: Law

Page: 335

View: 523

This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Categories: Law

Reason in Law

Reason in Law

cases, then, must wrestle with the proper balance of legislative and judicial lawmaking, but they do so knowing they are empowered to ... See William Popkin, Statutes in Court: The History and Theory of Statutory Interpretation (Durham, ...

Author: Lief H. Carter

Publisher: University of Chicago Press

ISBN: 9780226328218

Category: Political Science

Page: 288

View: 217

Over the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
Categories: Political Science

Strategies for Environmental Success in an Uncertain Judicial Climate

Strategies for Environmental Success in an Uncertain Judicial Climate

Uncertain Judicial Climate The intentionalist approach to statutory interpretation has dominated the legal landscape ... see also William D. Popkin, Statutes in Court: The History and Theory of Statutory Interpretation 200 (Duke Univ.

Author: Michael Allan Wolf

Publisher: Environmental Law Institute

ISBN: 9781585760930

Category: Law

Page: 379

View: 441

Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Categories: Law

The Judge in a Democracy

The Judge in a Democracy

interpreter . Indeed , legislatures create statutes that are supposed to bridge the gap between law and society . ... William D. Popkin , Statutes in Court : The History and Theory of Statutory Interpretation 155 ( 1999 ) ( viewing ...

Author: Aharon Barak

Publisher: Princeton University Press

ISBN: 069112017X

Category: Law

Page: 332

View: 137

Publisher Description
Categories: Law