Materials on legislation political language and the political process

Synopsis

This authoritative discussion of legislation and the political process covers the subject in depth, from legislative history to interpretation; text and context; compromise; and legislative action and inaction after passage of legislation. Expert commentary, case studies, case notes, and examples explain points under consideration. Thought-provoking questions hone students'' legal reasoning and help ensure comprehension." Preface To The Fourth Edition" Acknowledgements" Table Of Cases" Chapter1. The Books ApproachSec.§ 1.01 Judicial Conceptions of Legislation and Judging§ 1.02 Outline of Book§ 1.03 Pedagogy" Part I. The History and Theory of Statutory Interpretation2. The Rise of Legislation and the Reaction of Common Law Courts§ 2.01 13th15th Century§ 2.02 16th17th Century§ 2.03 18th19th CenturyEnglish Material§ 2.04 18th19th CenturyUnited States Material§ 2.05 Codification3. From 1900 to the 1960sPurposive Interpretation§ 3.01 Giving Statutes Their DuePound§ 3.02 The Function of Statutes§ 3.03 Purposivism and Legal Realism§ 3.04 Legal Process§ 3.05 Interaction of Purpose and Substantive Canons4. Contemporary HistoryThe Decline of Foundationalism§ 4.01 Introduction§ 4.02 The Important Questions§ 4.03 The Law and Economics Critique§ 4.04 The Critique From the Left§ 4.05 Reconstructing the Judicial Role§ 4.06 Pragmatism" Part II The Technique and Theory of Statutory Interpretation" Subpart II-A The Writer, the Text, and the Reader5. The Text§ 5.01 Routine Sources of Uncertainty§ 5.02 Authors and Audiences§ 5.03 Internal Context§ 5.04 Textualism vs. Literalism§ 5.05 Critiquing Reliance on the Text6. External ContextPurpose§ 6.01 Introduction§ 6.02 Legislative Purpose vs. Legislative Intent§ 6.03 Making Sense of the Statute§ 6.04 Conflict of Text and Context§ 6.05 Context and Permissible Readings of the Text§ 6.06 Legislative Purpose and Political Compromise§ 6.07 Varieties of Textualism and PurposivismWestern Union Telegraph Co. v. Lenroot7. External ContextBackground Considerations§ 7.01 Analytical Framework§ 7.02 "Plain Statement" CanonAvoid Burdening States (Federalism)§ 7.03 "Plain Statement" CanonAvoid Retroactive Statutes§ 7.04 Type of Document8. Change§ 8.01 Common Law vs. Statutes§ 8.02 Legal Evolution and Obsolete Statutes§ 8.03 Statutory Evolution§ 8.04 Textualism and Change§ 8.05 Comment on Writing a Judicial Opinion" Subpart II-B Legislative History9. Contemporaneous Legislative History§ 9.01 Defining Legislative History§ 9.02 An Historical Note§ 9.03 Committee Reports§ 9.04 Critique of Reliance on Committee Reports§ 9.05 Legislative Debates§ 9.06 Changes in Language During Enactment ProcessDrafting Context§ 9.07 Pre-Legislative Stage§ 9.08 Presidential (and Other Chief Executive) Interpretations§ 9.09 State Legislative History§ 9.10 English Practice and the Relevance of Institutional Setting§ 9.11 Legislative Rules About Judicial Use of Legislative History10. Administrative Interpretation§ 10.01 Introduction§ 10.02 Independent Judicial Judgment§ 10.03 Deference Based on Institutional Competence§ 10.04 SuperDeference?§ 10.05 State Law§ 10.06 Deference to Agencies and Legislative History11. Legislative Action and Inaction After Passage of Legislation§ 11.01 Later Legislation§ 11.02 Later Legislative HistoryInstitutional Competence§ 11.03 Legislative Reenactment§ 11.04 Legislative Inaction§ 11.05 Reinterpreting Reenactment and Inaction Cases§ 11.06 Reenactment and Inaction After Agency RegulationFood and Drug Administration v. Brown & Williamson Tobacco Corp." Subpart II-C Statutes as a Source of Law12. Extending Statutes§ 12.01 Statutes Influencing the Common Law§ 12.02 Statutes as a Source of Law When There Is No Common Law Power§ 12.03 Federal "Common Law"§ 12.04 Extending Statutes Which Violate Equal Protection13. Inferring Private Causes of Action From Statutes§ 13.01 Historical and Evolving Background Considerations§ 13.02 Federal Statutes§ 13.03 Fixing Legislative "Errors"JudicialLegislative Dialogue, etc.14. Statutory Patterns§ 14.01 Analytical Frameworks§ 14.02 Conflict Between Prior and Later StatutesThe "No Repeal By Implication" Doctrine§ 14.03 Prior Statutes Constraining Future Law§ 14.04 Supportive, Negative, or Independent Relationships Among Statutes§ 14.05 Equal Treatment" Subpart II-D Statutory Interpretation, Separation of Powers, and the U.S. Constitution15. Bush v. Gore§ 15.01 How State Statutory Interpretation Became a Federal Issue§ 15.02 The Florida Litigation"Protest" Phase§ 15.03 The Florida Litigation"Contest" Phase§ 15.04 Comments and Questions" Part III Law and the Political Process16. Electoral Process§ 16.01 Introduction§ 16.02 Voting Qualifications§ 16.03 Electoral Groundrules§ 16.04 Disparate Vote Counting Procedures§ 16.05 Controlling the Influence of Money on Politics17. The Legislature§ 17.01 Procedural Requirements§ 17.02 Substantive Limits Based on Procedural Concerns§ 17.03 Legislative RationalityThe Deliberative Model§ 17.04 Legislative RationalityDirect Democracy (Referendums and Initiatives)18. ExecutiveLegislative Relations§ 18.01 Discrepancy Between Bill Passed by Legislature and Bill Signed by Executive§ 18.02 Executive Control of SpendingStates§ 18.03 Executive Control of SpendingPresident§ 18.04 Legislative Veto§ 18.05 Failed Efforts to Redistribute Government Power" Index