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The Place of Legislative History, and Purpose v. Specific Meanings

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0004
Subject:
Law, Philosophy of Law

This chapter first discusses the status of legislative history, a critical component of how courts should discern a statute's original meaning. Used without serious controversy during most of the ... More


Intentions in Interpretation

Richard Ekins

in The Nature of Legislative Intent

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter considers some of the implications of the nature of the legislative intent for the practice of statutory interpretation. It argues that interpreters should aim to infer the legislature's ... More


The Intent of the Legislature

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the intent of the legislature in relation to statutory interpretation. It argues in defense of the use of legislative intent in statutory interpretation and against the claims ... More


The common law system in America

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0018
Subject:
Law, Constitutional and Administrative Law

The common law world has one system of statutory interpretation, though some in the United States think constitutional enactments should be construed differently. A written constitution is incomplete ... More


Statutory and Common Law Interpretation

Kent Greenawalt

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.001.0001
Subject:
Law, Philosophy of Law

This book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are “faithful agents” of the legislature or ... More


Judicial Interpretation of Statutes

Robert A. Katzmann

in Judging Statutes

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199362134
eISBN:
9780190259846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199362134.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter compares two approaches to interpreting statutes: purposivism and textualism. The former is a matter of seeking out the purpose for creating the law, which is further supplemented by a ... More


The Story of Plyler v. Doe: The Education of Undocumented Children and the Polity

Michael A. Olivas

in No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented Schoolchildren

Published in print:
2012
Published Online:
May 2016
ISBN:
9780814762448
eISBN:
9780814762455
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814762448.003.0002
Subject:
Law, Human Rights and Immigration

This chapter summarizes the legislative history leading to the legal case, and the various lower court rulings before that of the Supreme Court. Drawing from archival and other historical materials, ... More


Definitions, Ordinary Meaning, and Respect for the Legislature

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers important statutory interpretation cases as instances of grappling with borderline instances of word meaning. It discusses the differences between the textual and contextual ... More


An Analysis of Sections 1, 2, 3, and 4 of the Amendment

John D. Feerick

in The Twenty-Fifth Amendment: Its Complete History and Application

Published in print:
2013
Published Online:
May 2014
ISBN:
9780823252008
eISBN:
9780823252879
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823252008.003.0008
Subject:
History, Political History

This chapter discusses the four sections of the Twenty-Fifth Amendment. Section 1 codifies the Tyler Precedent and states, “In case of the removal of the President from office or of his death or ... More


The Structure of American Law: Statutes and Statute Makers

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0005
Subject:
Law, Comparative Law

This chapter examines the roles of legislators and statutes in the American legal system. It begins by describing the structure of both federal and state legislative bodies, as well as the role of ... More


Congress and Agencies: Interpreting and Implementing Statutes

Robert A. Katzmann

in Judging Statutes

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199362134
eISBN:
9780190259846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199362134.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the role of agencies in legislative procedures. After passing a new law, Congress communicates first with agencies for the interpretation of the law, and the courts likewise ... More


Legal Significance of the Parsi Community

Flavia Agnes

in Law and Gender Inequality: The Politics of Women's Rights in India

Published in print:
2001
Published Online:
October 2012
ISBN:
9780195655247
eISBN:
9780199081189
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195655247.003.0009
Subject:
Law, Family Law

This chapter explores the legislative history of the Parsi community law and evaluates its implications for women’s rights in India. It traces the history of personal laws of the Parsi community and ... More


Full Disclosure: Building the U.S. Political Economy of Credit

Mallory E. SoRelle

in Democracy Declined: The Failed Politics of Consumer Financial Protection

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226711652
eISBN:
9780226711829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226711829.003.0002
Subject:
Political Science, American Politics

Chapter two, Full Disclosure: Building and Sustaining the U.S. Political Economy of Credit, explores why federal policymakers haven’t enacted consumer financial protections that effectively curb ... More


From Wagner to Taft-Hartley: From Rights to Interests

James A. Gross

in Rights, Not Interests: Resolving Value Clashes under the National Labor Relations Act

Published in print:
2017
Published Online:
September 2018
ISBN:
9781501714252
eISBN:
9781501714276
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501714252.003.0002
Subject:
Sociology, Occupations, Professions, and Work

This chapter explains how a workers’ rights law with values most consistent with human rights values was subordinated to pragmatic “give and take” and “balancing” of interests.


2 The Story of Plyler v. Doe: The Education of Undocumented Children and the Polity

Michael A. Olivas

in No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented Schoolchildren

Published in print:
2012
Published Online:
May 2016
ISBN:
9780814762448
eISBN:
9780814762455
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814762448.003.0002
Subject:
Law, Human Rights and Immigration

This chapter summarizes the legislative history leading to the legal case, and the various lower court rulings before that of the Supreme Court. Drawing from archival and other historical materials, ... More


Introduction

Laura Sharp and Margaret Ross

in The Vulnerable Witnesses Scotland Act 2004: Text and Commentary

Published in print:
2008
Published Online:
May 2015
ISBN:
9781845860455
eISBN:
9781474406307
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860455.003.0001
Subject:
Law, Constitutional and Administrative Law

The introduction explains the principal changes to previous vulnerable witnesses legislation brought about by the 2004 Act. It traces the origins of the introduction and development of the use of ... More


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