Gilbert Law Summaries on Federal Courts, Judge William A. Fletcher, James E. Pfander
Автор: Scalia Antonin Название: A Matter of Interpretation: Federal Courts and the Law ISBN: 0691174040 ISBN-13(EAN): 9780691174044 Издательство: Wiley Рейтинг: Цена: 2691.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo ) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Автор: Steven A. Bank Название: Gilbert Law Summaries, Taxation of Individuals ISBN: 1684676177 ISBN-13(EAN): 9781684676170 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7484.00 р. Наличие на складе: Нет в наличии.
Описание: Provides a comprehensive outline of income tax law with detailed explanations of relevant law, capsule summary, and exam tips.
Описание: Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges
Автор: Tachau Mary K. Bonsteel Название: Federal Courts in the Early Republic: Kentucky, 1789-1816 ISBN: 0691621470 ISBN-13(EAN): 9780691621470 Издательство: Wiley Рейтинг: Цена: 5544.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and
Автор: Carp R et al Название: The Federal Courts: Fifth Edition ISBN: 160871411X ISBN-13(EAN): 9781608714117 Издательство: Sage Publications Рейтинг: Цена: 13306.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: For law and courts courses focused on the federal level, this title is the suitable supplement. It explains the organizational structure of the federal courts, outline the jurisdiction of the three levels of US courts, and pay particular attention to the link between the courts, public policy, and the political environment.
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