Modern Statutory Interpretation : Problems, Theories, and Lawyering Strategies / Edition 2

Paperback (Print)
Not Available on BN.com
 

Overview

This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes." Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised.
Read More Show Less

Product Details

  • ISBN-13: 9781594606755
  • Publisher: Carolina Academic Press
  • Publication date: 8/1/2009
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 596
  • Product dimensions: 7.00 (w) x 10.00 (h) x 1.20 (d)

Meet the Author

Linda Jellum is an assistant professor at Mercer University School of Law. David Charles Hricik is an associate professor at Mercer University School of Law.
Read More Show Less

Table of Contents

Table of Cases

Table of Authorities

Ch. 1 The Legislative Process and Judicial Deference to Internal Legislative Processes 3

Ch. 2 Sources, Approaches, and Theories of Interpretation 33

Ch. 3 Determining the Meaning of the Text: Words 73

Ch. 4 Beyond the Text: Absurdity, Ambiguity, and Scrivener s Error 93

Ch. 5 Determining the Meaning of the Text: Punctuation and Grammar 121

Ch. 6 The Textual Canons 149

Ch. 7 The Role of Components 197

Ch. 8 Legislative History 221

Ch. 9 The Relevance of Post-Interpretation Legislative Silence 253

Ch. 10 Finding and Using Purpose 289

Ch. 11 The Relevance of Judicial Interpretations of an Identical or Similar Statute from Other Jurisdictions 317

Ch. 12 The Relevance of Time: Effective Dates, Prospective Effect, and Retroactivity 337

Ch. 13 Conflicting Statutes 363

Ch. 14 Statutes and Legal Hierarchy 397

Ch. 15 Implied Remedies and Causes of Action: Where Purpose and Intent Are Primary 439

Ch. 16 Constitutional Implications 465

Ch. 17 The Role of Agencies 507

Ch. 18 Severability and Inseverability Provisions 543

Appendix A Canons of Construction 557

Appendix B The College Fire Prevention Act 561

Index 565

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)