Legislative Process and Statutory Interpretation
To help facilitate access to the State Law Library's print legal resources, our librarians have selected the most noteworthy titles in our collection and arranged them here by subject.
» Federal/General Titles
An introduction to statutory interpretation and the legislative process
By Mikva, Abner J. Aspen Law & Business. c1997.
This title is intended help the reader understand interpretation of statutes by reading interpretive cases, both those where the statutory language is clear and where it is unclear. It also covers the legislative process, including the enactment, anatomy, and publication of a statute.
KF 425 M55
The judicial role : Statutory interpretation and the pragmatic judicial partner
By Popkin, William D. Carolina Academic Press. .
Should judges be pragmatists, textualists, or intentionalists when judging? Popkin, a leading scholar in this much debated issue of statutory interpretation, makes his case for pragmatic judicial decision making. He describes this type of judging as “a creative act of judgment.” He provides a careful examination and analysis of the judge’s role in a democratic system. In his epilogue, he reflects on the growing mistrust of judges and how that may alter judicial decision making in the years to come.
KF 425 P669
Legislation and statutory interpretation
By Eskridge, William N. Foundation Press. 2nd ed. 2006.
"Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation." - from the publisher
KF 425 E834
Legislation, statutory interpretation, and election law : Examples and explanations
By Hasen, Richard L. Wolters Kluwer Law & Business. .
"An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. ... Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation." - from the publisher
KF 4930 H37
The lobbying manual : A complete guide to federal law governing lawyers and lobbyists
By Luneburg, William V. American Bar Association. 3rd ed. c2005.
An examination of the ways in which Congress haw attempted to regulate lobbying activity. Particular emphasis is given to the Lobbying Disclosure Act.
KF 4948 L62
A matter of interpretation : Federal courts and the law : an essay
By Scalia, Antonin. Princeton University Press. c1998.
"In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. ... This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics." - from the publisher
KF 4552 S28
Reading law : The interpretation of legal texts
By Scalia, Antonin. Thomson/West. c2012.
"In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style - with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you 'using a gun' in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated." - from the publisher
KF 380 S33
Statutes and statutory construction
Latest received: POCKET PTS 2016-17. By Singer, Norman J. Thomson Group. 7th ed. <c2007- >.
"Recognized as a core text on statutory construction by the American Bar Association and others, Sutherland Statutes and Statutory Construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported by these principles, and by analysis of the legislative process itself. Topics include legislative power, legislative organization and procedure, legislative form, legislative applicability, statutory interpretation, and application of the principles of statutory construction in selected areas of substantive law." - from the publisher
KF 425 S3 7TH
Statutes in court : The history and theory of statutory interpretation
By Popkin, William D. Duke University Press. 1999.
Judicial interpretation of statutes and legislative intent is and has always been a contentious issue in this country. Popkin begins by providing the historical perspective that gives rise to current thinking on statutory interpretation. He then explains "ordinary judging", his theory that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Popkin demonstrates how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court is intended to fill that gap.
KF 425 P67
Statutory default rules : How to interpret unclear legislation
By Elhauge, Einer. Harvard University Press. 2008.
Judges must often interpret unclear wording in the cases presented to them; however, there is not always a consensus on how to determine the meaning of statute. In the case of an unclear contract clause, there are "default rules" that can be applied. The author explores the possibility that such default rules could be developed and used for statutory interpretation as well.
KF 425 E44
Statutory interpretation : The search for legislative intent
By Brown, Ronald Benton. National Institute for Trial Advocacy. c2002.
This handbook was written to provide judges, lawyers, and law students with the tools to understand methods for statutory interpretation by providing different approaches to the interpretation of legislative intent. It discusses plain meaning, purpose, strict versus liberal construction, remedial statutes, and dynamic interpretation. There are also chapters on linguistic canons, canons based on the normal legislative process, canons based on the substance of the law, and using what happened before, during and after enactment in the interpretation process. Additionally, the handbook provides a list of research sources for statutory interpretation.
KF 425 B76
The Supreme Court in conference, 1940-1985 : The private discussions behind nearly 300 Supreme Court decisions
Oxford University Press. 2001.
"The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room." - from the publisher
KF 8742 S917
The theory and practice of statutory interpretation
By Cross, Frank B. Stanford Law Books. 2009.
This work analyzes statutory interpretation in the courts with special attention paid to practice in the Supreme Court. The author also reviews disputed approaches to statutory interpretation such as the use of legislative history versus adherence only to the text and the extent to which the justices of Supreme Court have utilized these methods to further an ideological agenda.
Table of contents: http://catdir.loc.gov/catdir/toc/ecip0819/2008022514.html
KF 425 C76
Using legislative history in American statutory interpretation
By Mammen, Christian E. Kluwer Law International. 2002.
This book examines the U.S. Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. Rather than basing an argument for using legislative history on legislative intention, Mammen argues that legislative history conveys a certain degree of expertise and provides certain contextual information about the subject matter of the statute. This approach--justifying the Court's discretionary use of legislative history without reference to legislative intention--accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent inutility.
KF 425 M36