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Books : Nonfiction : Law : Statutes & Cases
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Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
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Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.
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The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial-legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
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"Bob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law CenterThe late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
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Ninety intriguing cases, from malpractice to murder, dare you to figure out what the courts decided on each one. You're given the facts of each case and, if necessary, the rules of law that apply. Then, even if you're right, you'll need to rule on the appeal! 128 pages, 90 b/w illus., 5 3/8 x 8 1/4.
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The laws of Mediaeval Iceland provide detailed and fascinating insight into the society that produced the Icelandic sagas. Known collectively as Gragas (Greygoose), this great legal code offers a wealth of information about early European legal systems and the society of the Middles Ages. This first translation of Gragas is in two volumes.
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[Thorpe, B(enjamin), Editor]. Ancient Laws and Institutes of England; Comprising Laws Enacted under the Anglo-Saxon Kings from Athelbirtht to Cnut, With an English Translation of the Saxon; The Laws called Edward the Confessor's; The Laws of William the Conqueror, and those Ascribef to Henry the First: Also, Monumenta Ecclesiastica Anglicana, From the Seventh to the Tenth Century; and the Ancient Latin Version of the Anglo-Saxon Laws. With a Compendious Glossary, &c. [London: Printed by George E. Eyre and Andrew Spottiswoode, Printers to the Queen's most Excellent Majesty, 1840]. x, [iv], 548, [79] pp. (10" X 14"). Reprinted 2004 by The Lawbook Exchange, Ltd.A critical edition of laws issued before 1066 based on original manuscript sources, with most in their original languages. With thorough notes, extensive commentary, a concordance of sources, an index to the Anglo-Saxon laws and an index to the Monumenta Ecclesiastica. Benjamin Thorpe [1782-1870] was a well-known Anglo-Saxon scholar and translator who published a number of principal works in this field, including the important Analecta Anglo-Saxonica. This edition remains a standard source for scholars of this period. Dictionary of National Biography XIX: 795-796.
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An Introduction to Statutory Interpretation and the Legislative Process (Introduction to Law Series)
Written by leading scholars, each title in the "Introduction to Law" series contains comprehensive treatment in black-letter style. Featuring footnotes citing to case law, statutory and other authorities, these volumes are ideal for in-depth research on particular issues and points of law.
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Travel with Martin Stadius as he searches for answers to a saga that begins on the shores of Oregon's beautiful Wallowa Lake and ends in the barren, wind-swept hills at Bears Paw, Montana.
Stadius tells the story of the Nez Perce people-the Nee-Me-Poo. In 1877, the "Dreamer" (non-Christian) faction of the tribe, under pressure from land-hungry whites to move to a reservation, fled their homeland in eastern Oregon and central Idaho. During the next four months, the Nee-Mee-Poo led pursuing troops on an 1,100-mile chase that ended tragically only forty miles short of Canada.
Today, the route of the Nee-Mee-Poo retreat is a National Historic Trail, part of the Nez Perce National Historic Park, with sites in three Western states.
Stadius' crisp, entertaining writing style makes Dreamers: On the Trail of the Nez Perce, more than a history book. He follows the Nee-Mee-Poo route in his Volkswagon van, describing the trail today. At the same time, he tells the story of the retreat in human terms-from the perspective of the Nez Perce, their pursuers and the people who found themselves in the path of the chase.
The author gleaned the material for Dreamers from hundreds of sources. He discovered archives containing heretofore unpublished information that solves some of the story's most enduring puzzles.
Dreamers: On the Trail of the Nez Perce is certain to become a foundation book for any study of this unique Native American culture.
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Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic.
Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
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Statute reading can prompt more questions than answers largely because statutes often suffer from ambiguities, inconsistencies, or complete gaps in meaning. Statutory Interpretation: The Search for Legislative Intent is the first book to provide judges, lawyers, and law students with a handy source to find the proper methods and tools of statutory interpretation.This concise 4-x-6-inch pocket book is designed to be read through with a particular statute in mind while considering how different approaches might apply. Footnotes are kept to a minimum and are occasionally included to cite cases that are good examples of a particular method being discussed.
In preparing for litigation, attorneys can consult Statutory Interpretation: The Search for Legislative Intent to make sure that all credible arguments have been considered and that counter-arguments are prepared to use against opponents. The table of contents can be used as a checklist in this process. In addition, trial court and intermediate appellate court judges will find this book useful in understanding the required and prohibited methods for statutory interpretation when bound by decisions of higher courts, constitutional provisions, and possibly even statutes that mandate the proper approach to statutory interpretation.
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David Dean's book offers the first detailed account of the last Elizabethan parliaments. Examining a wide range of social and economic issues, law reform, religious and political concerns, Law-Making and Society in Late Elizabethan England addresses the importance of parliament both as a political event and as a legislative institution. David Dean draws on an array of local, corporate and personal archives to reinterpret the legislative history of the period and in doing so, reach a deeper understanding of many aspects of Elizabethan history.
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An exceptional and compelling map to the rewards and excitement of exploring the unknown with God.