The Mining Law
The Mining Law

Author: John D. Leshy

Publisher: Routledge

Published: 2015-09-16

Total Pages: 494

ISBN-13: 1317359593

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Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

Capital, Labor, and State
Capital, Labor, and State

Author: David Brian Robertson

Publisher: Rowman & Littlefield

Published: 2000

Total Pages: 324

ISBN-13: 9780847697298

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Capital, Labor, and State is a systematic and thorough examination of American labor policy from the Civil War to the New Deal. David Brian Robertson skillfully demonstrates that although most industrializing nations began to limit employer freedom and regulate labor conditions in the 1900s, the United States continued to allow total employer discretion in decisions concerning hiring, firing, and workplace conditions. Robertson argues that the American constitution made it much more difficult for the American Federation of Labor, government, and business to cooperate for mutual gain as extensively as their counterparts abroad, so that even at the height of New Deal, American labor market policy remained a patchwork of limited protections, uneven laws, and poor enforcement, lacking basic national standards even for child labor.

The Supreme Court [4 volumes]
The Supreme Court [4 volumes]

Author: Paul Finkelman

Publisher: Bloomsbury Publishing USA

Published: 2014-01-15

Total Pages: 2279

ISBN-13:

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An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.

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.