Dynamic Statutory Interpretation
Dynamic Statutory Interpretation

Author: William N. Eskridge

Publisher: Harvard University Press

Published: 1994

Total Pages: 460

ISBN-13: 9780674218789

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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.

Lenape Country
Lenape Country

Author: Jean R. Soderlund

Publisher: University of Pennsylvania Press

Published: 2015

Total Pages: 264

ISBN-13: 0812246470

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In 1631, when the Dutch tried to develop plantation agriculture in the Delaware Valley, the Lenape Indians destroyed the colony of Swanendael and killed its residents. The Natives and Dutch quickly negotiated peace, avoiding an extended war through diplomacy and trade. The Lenapes preserved their political sovereignty for the next fifty years as Dutch, Swedish, Finnish, and English colonists settled the Delaware Valley. The European outposts did not approach the size and strength of those in Virginia, New England, and New Netherland. Even after thousands of Quakers arrived in West New Jersey and Pennsylvania in the late 1670s and '80s, the region successfully avoided war for another seventy-five years. Lenape Country is a sweeping narrative history of the multiethnic society of the Delaware Valley in the seventeenth and early eighteenth centuries. After Swanendael, the Natives, Swedes, and Finns avoided war by focusing on trade and forging strategic alliances in such events as the Dutch conquest, the Mercurius affair, the Long Swede conspiracy, and English attempts to seize land. Drawing on a wide range of sources, author Jean R. Soderlund demonstrates that the hallmarks of Delaware Valley society—commitment to personal freedom, religious liberty, peaceful resolution of conflict, and opposition to hierarchical government—began in the Delaware Valley not with Quaker ideals or the leadership of William Penn but with the Lenape Indians, whose culture played a key role in shaping Delaware Valley society. The first comprehensive account of the Lenape Indians and their encounters with European settlers before Pennsylvania's founding, Lenape Country places Native culture at the center of this part of North America.

The Contest for the Delaware Valley
The Contest for the Delaware Valley

Author: Mark L. Thompson

Publisher: LSU Press

Published: 2013-06-03

Total Pages: 280

ISBN-13: 0807150592

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In the first major examination of the diverse European efforts to colonize the Delaware Valley, Mark L. Thompson offers a bold new interpretation of ethnic and national identities in colonial America. For most of the seventeenth century, the lower Delaware Valley remained a marginal area under no state's complete control. English, Dutch, and Swedish colonizers all staked claims to the territory, but none could exclude their rivals for long -- in part because Native Americans in the region encouraged the competition. Officials and settlers alike struggled to determine which European nation would possess the territory and what liberties settlers would keep after their own colonies had surrendered. The resulting struggle for power resonated on both sides of the Atlantic Ocean. While the rivalry promoted patriots who trumpeted loyalties to their sovereigns and nations, it also rewarded cosmopolitans who struck deals across imperial, colonial, and ethnic boundaries. Just as often it produced men -- such as Henry Hudson, Willem Usselincx, Peter Minuit, and William Penn -- who did both. Ultimately, The Contest for the Delaware Valley shows how colonists, officials, and Native Americans acted and reacted in inventive, surprising ways. Thompson demonstrates that even as colonial spokesmen debated claims and asserted fixed national identities, their allegiances -- along with the settlers' -- often shifted and changed. Yet colonial competition imposed limits on this fluidity, forcing officials and settlers to choose a side. Offering their allegiances in return for security and freedom, colonial subjects turned loyalty into liberty. Their stories reveal what it meant to belong to a nation in the early modern Atlantic world.