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: 808
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.68. William D. Popkin, Statutes in Court: The History and Theory of Statutory Interpretation (1999). 69. Antonin Scalia, A Matter of Interpretation 36 (1997). 70. See, e.g., “What Is Textualism?,” supra note 8, at 374–403. 71.
Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 9780804769815
Category: Law
Page: 248
View: 218
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.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: 430
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.The History and Theory of Statutory Interpretation William D. Popkin. decisions or statutes ) to the broader fabric of the law , sensitive to the institu- tional competence of various lawmaking institutions . Statutory interpretation ...
Author: William D. Popkin
Publisher: Duke University Press
ISBN: 0822323281
Category: Law
Page: 368
View: 579
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.As a High Court judge has observed, we need to look at the history of a law and see how it 'took shape' to help us 'see ... 9 October 2010); William D Popkin, Statutes in Court: The History and Theory of Statutory Interpretation (Duke ...
Author: Jeffrey Barnes
Publisher: Cambridge University Press
ISBN: 9781108896764
Category: Law
Page: 817
View: 907
Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I-III introduce foundational matters, Parts IV-VII deal with the general principles of interpretation, and Part VIII examines special interpretative issues. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers, and students undertaking advanced courses in statutory interpretation in Australia.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: 553
View: 378
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.WILLIAM D. POPKIN, STATUTES IN COURT: THE HISTORY AND THEORY OF STATUTORY INTERPRETATION 201 (1999); see also EINER ELHAUGE, STATUTORY DEFAULT RULES: HOW TO INTERPRET UNCLEAR LEGISLATION 2 (2008) (“there appear to be no consistently ...
Author: Richard L. Hasen
Publisher: Aspen Publishing
ISBN: 9781543816860
Category: Law
Page: 718
View: 700
Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition is an up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights. The Second Edition is suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Written by Richard L. Hasen, one of the leading voices in the field of election law and legislation, no other statutory supplement is as comprehensive, up to date, and full of examples (and answers) to test student knowledge as Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition. New to the 2nd Edition: Coverage through the Supreme Court’s June 2019 decisions, including partisan gerrymandering, court deference to agency interpretations, and the litigation over a citizenship question on the 2020 census Updated discussion of textualist methods of statutory interpretation following the death of Justice Scalia and the arrival of Justices Gorsuch and Kavanaugh Consideration of how increased political polarization shapes the legislative process and judicial review of legislation Updated material on campaign finance and voting rights Professors and students will benefit from: Straightforward presentation of often complex statutory and constitutional questions Examples based upon real cases and easy-to-understand explanations The book’s suitability to a variety of courses including: Legislation, Statutory Interpretation, Legislation Regulation, Election Law, Voting Rights, and Campaign FinanceIndeed , 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: 607
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.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: 444
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.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: 311
View: 859
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.