 | Legislative Law and Statutory Interpretation: Cases and Materials
by Hetzel, Libonati, Williams
Edition/Year: 4th ed., 2008
ISBN: 9781422407455
Format: Hardcover-New
SKU: 94061
Our Low Price: $117.95 | | Availability: This item ships within the next business day. | Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this Legislative Law and Statutory Interpretation: Cases and Materials casebook employs a variety of approaches to convey the legislature’s role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole.
The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text-based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use.
Legislative Law and Statutory Interpretation: Cases and Materials then covers five broad areas generally organized to reflect questions of institutional competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents. The important role of appropriations legislation in creating legislative policy sets the stage for treatment of lobbying and regulation of legislative advocacy, incorporating recent legislation making significant changes in regulation of lobbyists and reporting requirements applicable both to legislative and executive branch lobbying. |
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