Statutory Default Rules

Statutory Default Rules

Author: Einer Elhauge

Publisher: Harvard University Press

Published: 2008-02-28

Total Pages: 406

ISBN-13: 9780674033672

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Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.


Statutory Default Rules

Statutory Default Rules

Author: Einer Elhauge

Publisher:

Published: 2008-02-28

Total Pages: 408

ISBN-13:

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Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. This book focuses on what judges should do once the legal materials fail to resolve the interpretive question.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics

Author: Keith E. Whittington

Publisher: OUP Oxford

Published: 2010-06-11

Total Pages: 828

ISBN-13: 0191616281

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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.


The Patent Crisis and How the Courts Can Solve It

The Patent Crisis and How the Courts Can Solve It

Author: Dan L. Burk

Publisher: ReadHowYouWant.com

Published: 2010-10-19

Total Pages: 442

ISBN-13: 1459605586

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Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...


The Language of Statutes

The Language of Statutes

Author: Lawrence M. Solan

Publisher: University of Chicago Press

Published: 2010-12-15

Total Pages: 300

ISBN-13: 0226767981

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Pulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area. Here, Lawrence M. Solan argues that statutory interpretation is alive, well, and not in need of the major overhaul that many have suggested. Rather, he suggests, the majority of people understand their rights and obligations most of the time, with difficult cases occurring in circumstances that we can predict from understanding when our minds do not work in a lawlike way. Solan explains that these cases arise because of the gap between our inability to write crisp yet flexible laws on one hand and the ways in which our cognitive and linguistic faculties are structured on the other. Making our lives easier and more efficient, we’re predisposed to absorb new situations into categories we have previously formed—but in the legislative and judicial realms this can present major difficulties. Solan provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable.


Regulatory State

Regulatory State

Author: Lisa Schultz Bressman

Publisher: Aspen Publishing

Published: 2019-09-13

Total Pages: 1325

ISBN-13: 1543815979

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The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples


Yale Law Journal: Volume 123, Number 6 - April 2014

Yale Law Journal: Volume 123, Number 6 - April 2014

Author: Yale Law Journal

Publisher: Quid Pro Books

Published: 2014-04-16

Total Pages: 497

ISBN-13: 1610278798

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The April 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ("An Overview," "The Loyal Opposition"), Abbe Gluck ("Our [National] Federalism"), Alison LaCroix ("The Shadow Powers of Article I"), and Cristina Rodríguez ("Negotiating Conflict Through Federalism: Institutional and Popular Perspectives"). The issue serves, in effect, as a new and detailed book on new concepts and practices of U.S. federalism. In addition, the issue includes these contributions from scholars and students: • Article, "The Power to Threaten War," by Matthew C. Waxman • Essay, "Five to Four: Why Do Bare Majorities Rule on Courts?" by Jeremy Waldron • Note, "Dignity as a Value in Agency Cost-Benefit Analysis," by Rachel Bayefsky • Note, "Early Release in International Criminal Law," by Jonathan Choi • Note, "Ex Ante Review of Leveraged Buyouts," by Laura Femino • Comment, "Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act," by Daniel Herz-Roiphe Quality ebook edition features linked notes, active Contents, active URLs in notes, proper Bluebook formatting, and full presentation of original tables and images. This April 2014 issue is Volume 123, Number 6.


A Guide to Judicial and Political Review of Federal Agencies

A Guide to Judicial and Political Review of Federal Agencies

Author: John Fitzgerald Duffy

Publisher: American Bar Association

Published: 2005

Total Pages: 340

ISBN-13: 9781590314838

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"This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.


Predictocracy

Predictocracy

Author: Michael Abramowicz

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 364

ISBN-13: 0300144954

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Predicting the future is serious business for virtually all public and private institutions, for they must often make important decisions based upon such predictions. This text explores how institutions might improve their predictions and arrive at better decisions by means of prediction markets.