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Judging Statutes by Robert A. Katzmann

Title Judging Statutes
Author Robert A. Katzmann
Publisher Oxford University Press, USA
Release Date 2014
Category Law
Total Pages 171
ISBN 9780199362134
Language English, Spanish, and French
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Book Summary:

In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.

Title Exam Prep for Judging Statutes
Author Anonim
Publisher Unknown
Release Date 2021
Category
Total Pages 86
ISBN 9203456XXXX
Language English, Spanish, and French
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Judges On Judging by David M. O'Brien

Title Judges on Judging
Author David M. O'Brien
Publisher CQ Press
Release Date 2016-05-20
Category Political Science
Total Pages 392
ISBN 9781506340302
Language English, Spanish, and French
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Book Summary:

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Judging Under Uncertainty by Adrian Vermeule

Title Judging Under Uncertainty
Author Adrian Vermeule
Publisher Harvard University Press
Release Date 2006
Category Law
Total Pages 333
ISBN 0674022106
Language English, Spanish, and French
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Book Summary:

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Title Keeton on Judging in the American Legal System
Author Robert E. Keeton
Publisher Lexis Pub
Release Date 1999
Category Law
Total Pages 743
ISBN STANFORD:36105060436503
Language English, Spanish, and French
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Book Summary:

Judging by Robert E. Keeton

Title Judging
Author Robert E. Keeton
Publisher West Group
Release Date 1990
Category Judges
Total Pages 842
ISBN STANFORD:36105061716341
Language English, Spanish, and French
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Book Summary:

Statutes In Court by William D. Popkin

Title Statutes in Court
Author William D. Popkin
Publisher Duke University Press
Release Date 1999
Category Law
Total Pages 340
ISBN 0822323281
Language English, Spanish, and French
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Book Summary:

Popkin provides a survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion."--BOOK JACKET.

Reflections On Judging by Richard A. Posner

Title Reflections on Judging
Author Richard A. Posner
Publisher Harvard University Press
Release Date 2013-10-07
Category Law
Total Pages 392
ISBN 9780674184657
Language English, Spanish, and French
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Book Summary:

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

The Statutes by Great Britain

Title The Statutes
Author Great Britain
Publisher Unknown
Release Date 1878
Category Law
Total Pages 86
ISBN CORNELL:31924092907538
Language English, Spanish, and French
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Book Summary:

Title Judging the Judges Judging Ourselves
Author David Dyzenhaus
Publisher Hart Publishing
Release Date 1998
Category History
Total Pages 199
ISBN 9781901362947
Language English, Spanish, and French
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Book Summary:

5. Trial or Inquiry?

Title Judges and Judging in the History of the Common Law and Civil Law
Author Paul Brand
Publisher Cambridge University Press
Release Date 2012-01-12
Category Law
Total Pages 86
ISBN 9781139505574
Language English, Spanish, and French
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Book Summary:

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Judging Russia by Alexei Trochev

Title Judging Russia
Author Alexei Trochev
Publisher Cambridge University Press
Release Date 2008-04-28
Category Law
Total Pages 86
ISBN 9781139471107
Language English, Spanish, and French
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Book Summary:

This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.

Title Ohio State Journal on Dispute Resolution
Author Anonim
Publisher Unknown
Release Date 1995
Category Dispute resolution (Law)
Total Pages 86
ISBN OSU:32435056329303
Language English, Spanish, and French
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Book Summary:

Law And Judicial Duty by Philip HAMBURGER

Title Law and Judicial Duty
Author Philip HAMBURGER
Publisher Harvard University Press
Release Date 2009-06-30
Category Law
Total Pages 704
ISBN 9780674038196
Language English, Spanish, and French
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Book Summary:

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Title Analytical Concordance to the Bible
Author Robert Young
Publisher Unknown
Release Date 1882
Category Bible
Total Pages 1094
ISBN STANFORD:36105010185465
Language English, Spanish, and French
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Book Summary:

Title The Public General Statutes Affecting Scotland
Author Scotland
Publisher Unknown
Release Date 1868
Category Law
Total Pages 86
ISBN UOM:35112104389723
Language English, Spanish, and French
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Book Summary:

Title A Collection of the Public General Statutes
Author Anonim
Publisher Unknown
Release Date 1868
Category
Total Pages 86
ISBN BSB:BSB10563681
Language English, Spanish, and French
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Book Summary:

Title Statutory and Common Law Interpretation
Author Kent Greenawalt
Publisher Oxford University Press
Release Date 2012-11-29
Category Law
Total Pages 391
ISBN 9780199756148
Language English, Spanish, and French
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Book Summary:

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.