Statutory Default Rules

Author : Einer Elhauge
Publisher : Harvard University Press
ISBN 13 : 9780674033672
Total Pages : 406 pages
Book Rating : 4.71/5 ( download)

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Download or read book Statutory Default Rules written by Einer Elhauge and published by Harvard University Press. This book was released on 2008-02-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author :
Publisher : The Capitol Net Inc
ISBN 13 : 1587332132
Total Pages : 319 pages
Book Rating : 4.35/5 ( download)

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Download or read book Statutory Construction and Interpretation written by and published by The Capitol Net Inc. This book was released on 2010-06-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the primary rules courts apply to discern a statute's meaning. However, each matter of interpretation before a court presents its own challenges, and there is no unified, systematic approach used in all cases. While schools of statutory interpretation may vary on what factors should be considered, all approaches start (if not necessarily end) with the language and structure of the statute itself. In analyzing a statute's text, courts are guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context.

Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.41/5 ( download)

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Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kelly Stephen Searl
Publisher :
ISBN 13 : 9781017229721
Total Pages : 0 pages
Book Rating : 4.24/5 ( download)

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Download or read book Michigan Court Rules: And Michigan Judicature Act Annotated written by Kelly Stephen Searl and published by . This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.76/5 ( download)

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Download or read book Soldiers' and Sailors' Civil Relief Act written by United States and published by . This book was released on 1961 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.5V/5 ( download)

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Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Great Britain
Publisher :
ISBN 13 :
Total Pages : 1060 pages
Book Rating : 4.2R/5 ( download)

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Download or read book The Statutory Rules and Orders Revised written by Great Britain and published by . This book was released on 1904 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1508 pages
Book Rating : 4.63/5 ( download)

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Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0199756147
Total Pages : 402 pages
Book Rating : 4.48/5 ( download)

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Download or read book Statutory and Common Law Interpretation written by Kent Greenawalt and published by Oxford University Press. This book was released on 2013 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.