Legislation and Regulation
Legislation and Regulation

Author: John Manning

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781609302177

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The updated casebook, Manning and Stephenson's Legislation and Regulation, 2d, is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.

Legislative Law and Process
Legislative Law and Process

Author: Otto J. Hetzel

Publisher: Michie

Published: 1993

Total Pages: 1440

ISBN-13:

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This Second Edition blends recent developments with the basic, foundational materials the authors view as crucial to an understanding of the legislative process & the interpretation of statutes. The book retains the basic structure of the first edition, but has been reorganized & expanded to take account of the developments of the 1980?s, as well as to provide more focus on issues common to state statutes. This coursebook contains several approaches that have been found useful in conveying the legislature?s role in shaping the law. The use of political science materials & also of case studies is not necessarily novel. Those trained in law have learned to use appellate cases effectively for teaching certain kinds of legal analysis. Unfortunately, vehicles of equivalent utility have not yet been fully developed to teach the legislative process. This book contains some materials that are in an evolutionary stage of development, & these materials are intended as a contribution towards efforts to develop such instruments.

Legislative Law and Statutory Interpretation
Legislative Law and Statutory Interpretation

Author: Otto J. Hetzel

Publisher: LexisNexis

Published: 2008

Total Pages: 802

ISBN-13:

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Based on the premise that the study of legislation requires more than simply an inquiry into the courts' efforts at legislative interpretation, this casebook employs a variety of approaches to convey the legislature's role in shaping the law, including political science materials, case studies, and appellate cases. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and common law. They then address the structure of operation of the legislature as an institution of government to provide a foundation for approaches to interpretation stressing legislative purpose and legislative history. Discussion of the variety of legislative process restrictions applicable to legislative lawmaking introduces students to the anatomy of a statute and the formal and procedural constraints imposed by federal and state constitutions on the lawmaking process. With regard to statutory interpretation, a new way of organizing text- based arguments beyond plain-meaning interpretation precedes intent-based approaches to interpretation, in turn followed by canon-based arguments demonstrating the weaknesses inherent in their use. Legislative Law and Statutory Interpretation then covers five broad areas generally organized to reflect questions of institutional (judicial or legislative) competence, including materials on clear statement requirements, retroactivity, severability, deference to administrative agency decisionmaking, and overruling of statutory precedents, and interpretation of state statutes by federal courts and vice versa. This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 x 11 inch paper with wider mar

Texas Legal Research
Texas Legal Research

Author: Spencer L. Simons

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781611635621

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Texas Legal Research, Second Edition, is a practical, process-oriented guide to the skills and resources necessary to research Texas law. The book is designed for teaching first-year students, either as a stand-alone text or in conjunction with a research text focusing on federal law. The book is also suitable for use in advanced legal research courses. Others who will find the book useful include practitioners, paralegals, college students, laypersons, and anyone needing a concise handbook on how to find and use Texas legal materials. The book begins by explaining the nature and types of legal authority. The process of legal research and control of legal research projects are described in the first chapter, with an emphasis on the integral nature of legal research and legal analysis. These concepts are revisited and reinforced throughout the book. The second chapter explains basic principles underlying legal research, factors to consider in choosing whether to search online or in print, and techniques to add power and precision to legal research. Since students often use online research tools from the beginning of their studies, the second chapter also introduces online searching techniques and principles. Research using print and online resources is explained for each type of legal resource throughout the book. The order of coverage of types of legal authority has been substantially changed in the second edition, in order to track the author's recommended research process. Secondary materials are now addressed in chapter 3, followed by chapters devoted to the resources and techniques of constitutional research, statutory research, legislative history research, administrative agency law research, and case law research. The second edition adds an entirely new chapter on Texas local government law research. The historical and governmental roots of Texas legal resources are traced for each type of primary law. Updating techniques are explained in context for each type of legal material and a chapter is devoted to the use of online citators. An appendix explains the basics of legal citation, the use of the Greenbook and the Bluebook, special rules of Texas citation, and the ALWD Guide to Legal Citation. The second edition contains a new appendix discussing techniques for searching directly in the online case databases included in Westlaw, Lexis Advance, and Bloomberg Law. Most chapters contain tables with step-by-step guides to research in particular types of legal resources, as well as summaries of other critical information. Screenshots and images of research materials are included to illustrate the lessons of the text. For each type of resource, research in federal law is addressed following the discussion of research in Texas law. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.

Separation of Powers Law
Separation of Powers Law

Author: Peter M. Shane

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781531002596

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Dramatic issues of presidential power and executive accountability to both courts and Congress have pervaded the news for at least the last half-century. Political polarization and the election in 2016 of an "outsider" president intent on disrupting conventional governance norms have generated a seemingly unprecedented volume of new legal controversies. This updated edition addresses both separation of powers questions of long standing and many of the hot issues arising in the later Obama years and the early months of the Trump Administration. The authors have wholly revised the text's exploration of the President's "faithful execution of the laws" obligations, significantly expanded the material on presidential authority regarding immigration, and updated the material on presidential regulatory oversight to take account of the latest developments. For the first time in this text, litigation over the Foreign Emoluments Clause makes an appearance. The materials on war powers have been reorganized into two chapters, highlighting how post-9/11 developments have challenged the categorical distinctions between war and peace, battlefield and home front, and domestic and international affairs around which "war powers law" has traditionally been oriented. The book retains its clear structure and historical perspective, along with the authors' emphasis on the ethical challenges posed for lawyers in the executive and legislative branches who seek to address novel separation of powers issues in professionally appropriate ways. A resource website is available at separationofpowerslaw.com. Adopters of the book may view additional information by logging onto the site. Faculty may request login information by emailing [email protected].