An Introduction to Statutory Interpretation and the Legislative Process (Aspen Student Treatise Series) / Edition 1

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Overview

In an easy-to-read colloquial style, Mikva and Lane lead students to the understanding they need for succes in substantive courses with a heavy statutory emphasis:

• The Interpretation of Statutes - Beginning whre students do, by reading interpretive cases, the authors demonstrate that statutory interpretation is not simply the search for legislative meaning or intent, but also the exercise of power by a separate branch of government. Organized around two types of cases, those where the statutory language is clear and where it is unclear, this chapter delves into judicial approaches to statutory interpretation and the tools employed for that purpose, as well as criticism of such approaches.

• The Legislative Process - Addresses the environment in which the consideration of legislation takes place and the dynamics of the enactment process.

• The Enactment of a Statute - Follows a particular bill through the window of the Congressional Record. This illustrates example focuses attention on the details and language of the legislative process.

• The Anatomy of a Statute - A complete dissection of the structure, form, and generic provisions.

• The Publication of Statutes - Offers little-known insights that can be used for tactical advantage.

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Product Details

  • ISBN-13: 9781567066128
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 8/27/1997
  • Series: Introduction to Law Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 228
  • Product dimensions: 9.00 (w) x 6.00 (h) x 0.48 (d)

Table of Contents

Chapter 1: The Interpretation of Statutes

A. What Is a Statute?

B. How Judges Interpret Statutes

C. Traditional and Contemporary Theories of Statutory Interpretation

D. The Interpretation of Law Enacted through Initiative and Referendum

Chapter 2: The Legislative Process

A. The 'Real' Legislative Process

B. What Makes the Legislative Process Legitimate?

C. The Structures of the Legislative Process

D. Legislative Rules and Their Enforcement

Chapter 3: The Enactment of a Statute

A. The Voting Rights Act of 1965

B. Recording Legislative Activities - The Congressional Record

C. The Enactment Process

Chapter 4: The Anatomy of a Statute

A. An Example of a Statute - National Voter Registration Act of 1993

B. Who Drafts a Statute?

C. The Conventions of Statutes

D. Private and Local Statutes

Chapter 5: The Publication of Statutes

A. Enrolled Bills

B. Slip Laws

C. Slip Law Collections - Statutes at Large, Session Laws, and Others

D. Codes

E. Evidence of the Law - Of Codes, Slip Laws, Enrolled Bills, and Journal Entries

Conclusion

Table of Authorities

Table of Cases

Table of Statutes

Index

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