A Republic of Statutes

A Republic of Statutes PDF

Author: William N. Eskridge (Jr.)

Publisher: Yale University Press

Published: 2010-01-01

Total Pages: 591

ISBN-13: 0300120885

DOWNLOAD EBOOK →

William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.

Outlines and Highlights for a Republic of Statutes

Outlines and Highlights for a Republic of Statutes PDF

Author: Cram101 Textbook Reviews

Publisher: Academic Internet Pub Incorporated

Published: 2011-05-01

Total Pages: 282

ISBN-13: 9781614611431

DOWNLOAD EBOOK →

Never HIGHLIGHT a Book Again! Virtually all of the testable terms, concepts, persons, places, and events from the textbook are included. Cram101 Just the FACTS101 studyguides give all of the outlines, highlights, notes, and quizzes for your textbook with optional online comprehensive practice tests. Only Cram101 is Textbook Specific. Accompanys: 9780300120882 .

A Common Law for the Age of Statutes

A Common Law for the Age of Statutes PDF

Author: Guido Calabresi

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 332

ISBN-13: 0674029151

DOWNLOAD EBOOK →

The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.

Dynamic Statutory Interpretation

Dynamic Statutory Interpretation PDF

Author: William N. Eskridge

Publisher: Harvard University Press

Published: 1994

Total Pages: 460

ISBN-13: 9780674218789

DOWNLOAD EBOOK →

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Congress's Constitution

Congress's Constitution PDF

Author: Joshua Aaron Chafetz

Publisher: Yale University Press

Published: 2017-01-01

Total Pages: 449

ISBN-13: 0300197101

DOWNLOAD EBOOK →

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z

The People’s Welfare

The People’s Welfare PDF

Author: William J. Novak

Publisher: Univ of North Carolina Press

Published: 2000-11-09

Total Pages: 409

ISBN-13: 0807863653

DOWNLOAD EBOOK →

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.