Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 34
Book Description
Molzof V. United States of America
Author: Molzof V. United States of America
Author: Dynamic Statutory Interpretation
Author: William N. EskridgePublisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460
Book Description
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.
New York Court of Appeals. Records and Briefs.
Author: New York (State).Publisher:
ISBN:
Category : Law
Languages : en
Pages : 48
Book Description
Reports of Cases Argued and Adjudged in the Supreme Court of the United States
Author: United States. Supreme CourtPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 932
Book Description
Official Reports of the Supreme Court
Author: United States. Supreme CourtPublisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 964
Book Description
Rehnquist Justice
Author: Earl M. MaltzPublisher:
ISBN:
Category : Political Science
Languages : en
Pages : 328
Book Description
With seven of its justices appointed by Republican presidents, today's Supreme Court has significantly altered America's legal landscape since 1986 by tilting constitutional jurisprudence to the right. That was the goal of Presidents Reagan and Bush in filling court vacancies and has been felt in cases related to federalism, economic rights, and affirmative action. However, liberal issues such as abortion have moved only marginally to the right, while rulings by the Court on school prayer and gay rights have moved constitutional doctrine slightly to the left. In this collection of original articles, prominent constitutional scholars are joined by new voices from the cutting edge of academia to subject the Rehnquist Court to closer scrutiny and to show that its brand of conservatism is less extreme than many have supposed. Reflecting views across the political spectrum, the contributors help readers understand the Court dynamic, its constrained conservatism, and the forces that shape constitutional law in general. As these authors show, the overall pattern of decision-making in the Rehnquist era cannot be attributed to any single, unified approach to constitutional analysis. Instead, today's Court can only be understood as the product of a complex interaction among individual justices, each with an idiosyncratic view of the proper interpretation of the Constitution and the role of the Court in the American political system. These provocative essays are designed to provide readers with insight into this interaction by focusing on each member of the bench. From the staunch conservatism of Clarence Thomas, to the "accommodationism" of Sandra Day O'Connor, to the "liberal constitutionalism" of David Souter, the essays analyze the unique approach of each justice to interpreting the Constitution. They also show that the current justices are the product of a nomination and confirmation process that has undergone a major transformation in recent decades one which favors experienced, often unknown jurists over high-profile public servants. By concentrating attention on its members, "Rehnquist Justice" allows us to better understand the Supreme Court as a whole. And by assessing today's judiciary in light of a public philosophy that looks askance at government, it shows us that the Supreme Court has truly become a mirror of its times."
Seventh Circuit Digest
Author: Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 862
Book Description
Mealey's Litigation Reports
Author: Opinions of the Office of Legal Counsel of the United States Department of Justice
Author: United States. Department of Justice. Office of Legal CounselPublisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 494
Book Description