Statutes and statutory construction

by Norman J. Singer

Other authorsJ. G. Sutherland (Author)
Print book, c2001

Status

Available

Call number

KF425 .S56

LCC

KF425 .S56

Barcode

2000000833

Publication

[St. Paul, Minn.] : West Group

Physical description

1485 p.; 25 cm

Local notes

Statutes and statutory construction volume 4 contents: Comprehensive table of contents. Part 1: Legislative power. Ch. 1 - The legislative function. Ch. 2 - Limitations on legislative power. Ch. 3 - The separation of powers. Ch. 4 - The delegation of powers. Ch. 5 - Powers of special sessions. Ch. 5A - Legal commentary for part 1 legislative power. Part II: Legislative organization and procedure. Ch. 6 - Limitations on legislative organization. Ch. 7 - Rules of procedure for legislative action. Ch. 8 - The legislative journal. Ch. 9 - Introduction of bills. Ch. 10 - Printing and reading of bills. Ch. 11 - Legislative committees. Ch. 12 - Legislative investigation. Ch.13 -Lobbying. Ch. 14 - Voting. Ch. 15 - Proof of enactment - the enrolled bill. Ch. 16 - Executive approval or veto. Ch. 16A - Legal commentary for part II legislative organization and procedure. Volume 1A Part III: Legislative form and mode. Ch. 17 - Unity of subject matter. Ch. 18 - Titles. Ch. 19 - Enacting clauses. Ch. 20 - The structure of a statute. Ch. 21 - Legislative composition. Ch. 22 - Amendatory acts. Ch. 23 - Repealing acts. Ch. 24 - Affirmative and negative statutes. Ch. 25 - Mandatory, directory, prohibitory and permissive statutes. Ch. 26 - Declaratory statutes. Ch. 27 - Interpretive statutes. Ch. 28 - Codes, compilations, and revisions. Ch. 29 - Resolutions. Ch. 30 - Municipal ordinances. Ch. 31 - Administrative regulations. Ch. 32 - Treaties and compacts. Ch. 32A - Legal commentary for part III legislative form and mode. Volume 2 Part IV: Legislative applicability. Ch. 33 - Time of taking effect. Ch. 34 - Duration of statute laws. Ch. 35 - Ancient statutes. Ch. 36 - Hierarchy of legislation. Ch. 36A - Statutory sources: collections of laws, codes, etc. Ch. 37 - Conflicts of rules of construction. Ch. 38 - Pleading and proof of statutes. Ch. 39 - Pleading and proof of subordinate legislation. Ch. 40 - General and special legislation. Ch. 41 - Retroactive legislation. Ch. 42 - Ex post facto laws. Ch. 43 - Public and private statutes. Ch. 44 - Separability. Ch. 44A - Legal commentary for part V statutory interpretation. I. Legal rules "for internal use only": A comparative analysis of the practice of withholding government decrees from publication in Eastern Europe and in western countries. II. The abrogation of penal statutes by nonenforcement. III. Against preemption in labor law. IV. The scope of federal preemption: how far may states go in regulating multiple employer welfare arrangements established under ERISA. V. ERISA and the language of preemption. VI. When is a special law unlawfully special? VIII. A theory of retroactive legislation. IX. Retrospectivity and retroactivity of civil legislation reconsidered. X. The Supreme Court and the constitutionality of retroactive legislation. XI. Constitutional and legislative considerations in retroactive lawmaking. XII. Retroactivity and administrative rulemaking. XIII. Challenging regulatory interpretations. XIV. Retroactive laws and vested rights. XV. Inseverability clauses in statutes. XVI. Severability. XVII. Severability in statutes and contracts. XVIII. Using severability clauses to solve the attainment deadline dilemma in environmental statutes. XIX. Saving constructions. Volume 2A Part V: Statutory interpretation. A. Principles and policies. Ch. 45 - Criteria of interpretation. Ch. 46 - Literal interpretation. Ch. 47 - Intrinsic aids. Ch. 48 - Extrinsic aids - legislative history. Ch. 48A - Legal commentary for part v statutory interpretation. I. Some reflections on the reading of statutes. II. Questioning the text: the significance of phenomenological hermeneutics for legal interpretation. III. The history of statutory interpretation: a study in form and substance. IV. Preliminary questions in statutory interpretation. V. Statutory interpretation. VI. A note on "statutory interpretation." VII. Economics, politics, and the reading of statutes and the constitution. VIII. Remarks on the theory of appellate decision and the rules or canons about how statutes are to be construed. IX. Spurious interpretation. X. The art of statutory interpretation. XI. The new textualism. XII. Statutory interpretations in New Zealand. XIII. Intent, clear statements, and the common law: statutory interpretation in the Supreme Court. XIV. The relevance of legislative intention established by extrinsic evidence. XV. The plain meaning rule and extrinsic aids in the interpretation of federal statutes. XVI. Appeals in federal courts by prosecuting entities other than the United States: the plain meaning rule revisited. XVII. Extrinsic aids in the interpretation of statutes. XVIII. Extrinsic aids in the federal courts. XIX. Some observations on the use of legislative history in the 1981 Supreme Court term. Volume 2B Part V: Statutory interpretation (continued). A. Principles and policies. Ch. 49 - Contemporaneous construction. Ch. 50 - Interpretation with reference to the common law. Ch. 51 - Interpretation by reference to related statutes. Ch. 52 - Interpretation by reference to similar statutes of other states. Ch. 53 - Interpretation by reference to statutes on other subjects. Ch. 54 - The equity of the statute. Ch. 55 - Extension of statutes by analogy and implication. Ch. 56 - Public policy and statutory interpretation. Ch. 56A - Legal commentary for part V statutory interpretation. I. Textual interpretation of statutes. II. The nonprimacy of statutes act: a comment. III. Statutory revision by common law courts and the nature of legislative decision making - a response to Professor Calabresi. IV. Judicial nullification: guide to Calabresi's uncommon common law for a statutory age. V. Dworkin and subjectivity in legal interpretation. VI. Review essay / Dworkin's "Full Political Theory of Law." VII. Continuity and change in statutory interpretation. VIII. Legal interpretation and the poser of the judiciary. IX. The pitfalls of interpretation. X. Statutory interpretation and legislative supremacy. XI. Statutory interpretation in the administrative state. XII. Judicial deference to executive precedent. XIII. Law and legislation in the administrative state. XIV. Challenging regulatory interpretations. XV. Chevron and its aftermath: judicial review interpretations of statutory provisions. XVI. Deference running riot: separating interpretation and lawmaking under Chevron. XVII. A syncopated Chevron: emphasizing reasoned decision making in reviewing agency interpretations of statutes. XVIII. U.C.C. methodology: taking a realistic look at the code. XIX. Dynamic statutory interpretation. XX. The problem of obsolete statutes: a new role for courts? Volume 3 Part V: Statutory interpretation (continued). Ch. 57 - Mandatory and directory construction. Ch. 58 - Liberal and strict construction. B. Types of legislation. Ch. 59 - Punitive legislation. Ch. 60 - Remedial legislation. Ch. 61 - Statutes in derogation of common law. Ch. 62 - Statutes in derogation of sovereignty. Ch. 63 - Public grants. Ch. 64 - Particular grants. Ch. 65 - Grants of powers to administrative agencies. Ch. 65A - Legal commentary for part V statutory interpretation (continued). I. Legislation in legal imagination: introductory exercises. II. On the uses of legislative history in interpreting statutes. III. Legislative history and the need to bring statutory interpretation under the rule of law. IV. Can legislatures constrain judicial interpretation of statutes. V. The shifting sands of legal topography. VI. Statutory interpretation - in the classroom and in the courtroom. VII. Interpreting statutes in the regulatory state. VIII. Sunstein's new canons: choosing the fictions of statutory interpretation. IX. Principles, not fictions. X. "Plain meaning": Justice Scalia's jurisprudence of strict statutory construction. XI. The rule of lenity and environmental crime. XII. Strict construction of the rule of lenity in the interpretation of environmental crime. XIII. Liberal construction of CERCLA under the remedial purpose canon: have the lower courts taken a good thing too far? XIV. Waiving sovereign immunity in an age of clear statement rules. XV. Politics without romance: implications of public choice theory for statutory interpretation. XVI. Legislative intent and public choice. XVII. Beyond public choice: comprehensive rationality in the writing and reading of statutes. XVIII. The collaborative model of statutory interpretation. XIX. "Original intent" in historical perspective: some critical glosses. Volume 3A Part VI: Application of the rules of statutory construction in selected areas of substantive law. Ch. 66 - Revenue legislation. Ch. 67 - Statutes not affecting long - established personal or property rights - statutes relating to procedure. Ch. 68 - Statutes relating to domestic relations. Ch. 69 - Debtor and creditor legislation. Ch. 70 - Statutes enacted to avoid frauds. Ch. 7`1 - Legislation for the public good. Ch. 72 - Social legislation. Ch. 73 - Employment legislation. Ch. 74 - Civil rights legislation. Ch. 75 - Conservation and environmental legislation. Ch. 75A - Legal commentary for part VI application of the rules of statutory construction in selected areas of substantive law. Includes table of contents, bibliography, table of cases and subject index.

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