The Theory and Practice of Statutory Interpretation

The Theory and Practice of Statutory Interpretation

by Frank Cross
     
 

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ISBN-10: 0804785236

ISBN-13: 9780804785235

Pub. Date: 10/16/2008

Publisher: Stanford University Press

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by

Overview

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.

Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

Product Details

ISBN-13:
9780804785235
Publisher:
Stanford University Press
Publication date:
10/16/2008
Pages:
248
Product dimensions:
5.80(w) x 8.90(h) x 0.60(d)

Table of Contents

Contents

Preface....................vii
1. The Goal of Statutory Interpretation....................1
2. Textualism and Statutory Interpretation....................24
3. Legislative History and Statutory Interpretation....................58
4. The Canons of Statutory Interpretation....................85
5. Pragmatism and Dynamic Statutory Interpretation....................102
6. The Justices and Their Practice of Statutory Interpretation....................134
7. Ideology and the Practice of Statutory Interpretation....................159
8. Statutory Interpretation in the Lower Federal Courts....................180
Notes....................201
Index....................225

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