Judging Statutes

Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press
Total Pages: 184
Release: 2014-08-14
Genre: Law
ISBN: 0199362149

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.

Handbook of Legislative Research

Handbook of Legislative Research
Author: Gerhard Loewenberg
Publisher: Harvard University Press
Total Pages: 832
Release: 1985
Genre: Biography & Autobiography
ISBN: 9780674370753

The Handbook of Legislative Research, a comprehensive summary of the results of research on nineteenth and twentieth-century legislatures, is itself a landmark in the evolution of legislative studies. Gathered here are surveys by leading scholars in the field, each providing inventory of an important subfield, an extensive bibliography, and a systematic assessment of what has been accomplished and what directions future research must take.

The Nature of Legislative Intent

The Nature of Legislative Intent
Author: Richard Ekins
Publisher: OUP Oxford
Total Pages: 318
Release: 2012-10-12
Genre: Law
ISBN: 0191645931

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Oregon Blue Book

Oregon Blue Book
Author: Oregon. Office of the Secretary of State
Publisher:
Total Pages: 232
Release: 1895
Genre: Oregon
ISBN:

Legislative Process

Legislative Process
Author: Abner J. Mikva
Publisher: Aspen Publishers
Total Pages: 1146
Release: 2002
Genre: Law
ISBN:

Once again, expert authors Mikva and Lane draw on their considerable experience to explore and explain the legislative institutions and processes of the United States. Legislative Process, Second Edition, offers a current and comprehensive examination about the realities of how law is made. Here are just a few reasons why so many of your colleagues choose this distinctive casebook: extraordinary authorship, Abner J. Mikva is a former Chief Judge of the United States Court of Appeals, a five-term Congressman, and Counsel To The President during the Clinton Administration. Eric Lane has extensive experience with both state and local legislatures effective use of primary materials, including bills and statutes, committee reports and debates, legislative rules, Constitutional provisions and legislative authorities, and cases practical and process-oriented approach shows students what happens, plus how it happens, step-by-step historical focus gives context To The topics and perspective to current legislative enactments a statutory paperback from the same authors is also available Completely revised for its Second Edition, The casebook now covers: new limits to Congress' commerce clause power an enhanced discussion of what documents evidence the enactment of statutory law the continuing debate over statutory construction the end of the term limit movement the New Lobbying Disclosure Act and campaign finance proposals equal protection jurisprudence to limit the reach of the Voting Rights Act of 1965 major new cases US v. Morrison (Violence Against Women Act), Hunt v. Cromartie (voting rights), US Term Limits v. Thornton and Cook v. Gralike (congressional term limits), Colorado Federal Campaign Committee cases (limits on First Amendment), and Clinton v. New York (balanced budget bill)