A Dictionary of Statutory Interpretation

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Carolina Academic Press, 2007 - Law - 345 pages
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Statutory interpretation has become the most commonly-required skill of the modern lawyer. A Dictionary of Statutory Interpretation provides a ready reference to the important terms and ideas that arise in connection with determining the meaning of legislation.Chapter 1 includes over 100 entries, including the following: * ambiguity * the absurdity canon * linguistic and substantive canons * legislative intent * legislative purpose * legislative history * textualism * Legal Realism * Law and EconomicsThe entries include a definition, an explanation of the relevance of the term and ideas for statutory interpretation, some history about their use, and a concise discussion of contemporary issues. The author expresses his point of view in the discussion of these issues ? which is generally skeptical about textualism ? but presents all sides of the debate. A ?reference? section allows for further research on each subject.Chapter 2 includes over 35 famous quotations dealing with the interpretation of statutes, along with historical and critical commentary. The entries include Learned Hand, Holmes, Calabresi Posner, Easterbrook, Pound, Blackstone, etc.The book will be useful for lawyers, judges, law professors, and law students who want an entry into the contemporary debate about how to interpret legislation, along with an insight into what is at stake in those debates.

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Contents

Definitions
3
Absurdity canon 3 Canons linguistic including list
17
Change
23
Appropriations laws 11 Clear statement rules
33
Constitutional inspiration
40
Construction
43
Derogation of common law canon
56
Dictionaries
62
Linguistic canons see Canons lin Retroactivity see Prospectivity canon
234
see Equitable interpretation ex
241
No surplusage canon 198 Spurious interpretation see Gen
248
Pari materia canon 205 Substantive canons see Canons
255
Presidential legislative history see Term of art
262
Prospectivity canon 216 Treaties see Type of document
270
Purpose clause 221 Uncertainty about meaning
278
Albertsons Inc
289

Drafting history
71
Equal protection violation
81
Expressio unius est exclusio alterius
88
Federalism canon
95
Gaps
101
Golden Rule
107
Holy Trinity see Absurdity canon
113
Implied repeal see No implied
121
Internal context
135
Bonhams Case
295
Dickerson Reed
301
Hale Matthew
309
Hengham Judge
317
James William
324
Pound Roscoe
331
Sedgwick Theodore
338
Story Joseph
344
Copyright

About the author (2007)

William D. Popkin is Walter W. Foskett Professor of Law at Indiana University and author of Materials on Legislation: Political Language and the Political Process.

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