Fundamentals of Federal Income Tax Law (Cases and Materials Series)

Popkin, William D.

Rules & Procedures

Richard D.Irwin

In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles.
Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.

Evolution of the Judicial Opinion: Institutional and Individual Styles

Legal History

NYU Press

Fundamentals of Federal Income Tax Law (Cases and Materials)

Lexis Nexis/Matthew Bender

Fundamentals of Federal Income Tax Law (Casebook Series)

Lexis Pub.

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable 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. Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his “ordinary judging” theory—one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap. This work will be valuable to anyone concerned about the judicial role in the interpretation of laws—from judiciary officials and law professors to legal historians and political scientists.

Statutes in Court: The History and Theory of Statutory Interpretation

Legal Education

Duke University Press Books

This authoritative discussion of legislation and the political process covers the subject in depth, from legislative history to interpretation; text and context; compromise; and legislative action and inaction after passage of legislation. Expert commentary, case studies, case notes, and examples explain points under consideration. Thought-provoking questions hone students' legal reasoning and help ensure comprehension.  • Preface To The Fourth Edition  • Acknowledgements  • Table Of Cases  • Chapter  1. The Book’s Approach  Sec.   1.01 Judicial Conceptions of Legislation and Judging   1.02 Outline of Book   1.03 Pedagogy  • Part I. The History and Theory of Statutory Interpretation  2. The Rise of Legislation and the Reaction of Common Law Courts   2.01 13th–15th Century   2.02 16th–17th Century   2.03 18th–19th Century—English Material   2.04 18th–19th Century—United States Material   2.05 Codification  3. From 1900 to the 1960s—Purposive Interpretation   3.01 Giving Statutes Their Due—Pound   3.02 The Function of Statutes   3.03 Purposivism and Legal Realism   3.04 Legal Process   3.05 Interaction of Purpose and Substantive Canons  4. Contemporary History—The Decline of Foundationalism   4.01 Introduction   4.02 The Important Questions   4.03 The Law and Economics Critique   4.04 The Critique From the Left   4.05 Reconstructing the Judicial Role   4.06 Pragmatism  • Part II The Technique and Theory of Statutory Interpretation  • Subpart II-A The Writer, the Text, and the Reader  5. The Text   5.01 Routine Sources of Uncertainty   5.02 Authors and Audiences   5.03 Internal Context   5.04 Textualism vs. Literalism   5.05 Critiquing Reliance on the Text  6. External Context—Purpose   6.01 Introduction   6.02 Legislative Purpose vs. Legislative Intent   6.03 Making Sense of the Statute   6.04 Conflict of Text and Context   6.05 Context and Permissible Readings of the Text   6.06 Legislative Purpose and Political Compromise   6.07 Varieties of Textualism and Purposivism–Western Union Telegraph Co. v. Lenroot  7. External Context—Background Considerations   7.01 Analytical Framework   7.02 "Plain Statement" Canon—Avoid Burdening States (Federalism)   7.03 "Plain Statement" Canon—Avoid Retroactive Statutes   7.04 Type of Document  8. Change   8.01 Common Law vs. Statutes   8.02 Legal Evolution and Obsolete Statutes   8.03 Statutory Evolution   8.04 Textualism and Change   8.05 Comment on Writing a Judicial Opinion  • Subpart II-B Legislative History  9. Contemporaneous Legislative History   9.01 Defining Legislative History   9.02 An Historical Note   9.03 Committee Reports   9.04 Critique of Reliance on Committee Reports   9.05 Legislative Debates   9.06 Changes in Language During Enactment Process—Drafting Context   9.07 Pre-Legislative Stage   9.08 Presidential (and Other Chief Executive) Interpretations   9.09 State Legislative History   9.10 English Practice and the Relevance of Institutional Setting   9.11 Legislative Rules About Judicial Use of Legislative History  10. Administrative Interpretation   10.01 Introduction   10.02 Independent Judicial Judgment   10.03 Deference Based on Institutional Competence   10.04 Super–Deference?   10.05 State Law   10.06 Deference to Agencies and Legislative History  11. Legislative Action and Inaction After Passage of Legislation   11.01 Later Legislation   11.02 Later Legislative History—Institutional Competence   11.03 Legislative Reen

Materials on Legislation: Political Language and the Political Process, 2nd Edition (University Casebook Series)

Foundation Press

2004 Supplement to Materials on Legislation

Materials on Legislation: Political Language and the Political Process (University Casebook)

Law Practice

This authoritative discussion of legislation and the political process covers the subject in depth, from legislative history to interpretation; text and context; compromise; and legislative action and inaction after passage of legislation. Expert commentary, case studies, case notes, and examples explain points under consideration. Thought-provoking questions hone students' legal reasoning and help ensure comprehension. • Preface To The Fourth Edition • Acknowledgements • Table Of Cases • Chapter 1. The Book’s Approach Sec.  1.01 Judicial Conceptions of Legislation and Judging  1.02 Outline of Book  1.03 Pedagogy • Part I. The History and Theory of Statutory Interpretation 2. The Rise of Legislation and the Reaction of Common Law Courts  2.01 13th–15th Century  2.02 16th–17th Century  2.03 18th–19th Century—English Material  2.04 18th–19th Century—United States Material  2.05 Codification 3. From 1900 to the 1960s—Purposive Interpretation  3.01 Giving Statutes Their Due—Pound  3.02 The Function of Statutes  3.03 Purposivism and Legal Realism  3.04 Legal Process  3.05 Interaction of Purpose and Substantive Canons 4. Contemporary History—The Decline of Foundationalism  4.01 Introduction  4.02 The Important Questions  4.03 The Law and Economics Critique  4.04 The Critique From the Left  4.05 Reconstructing the Judicial Role  4.06 Pragmatism • Part II The Technique and Theory of Statutory Interpretation • Subpart II-A The Writer, the Text, and the Reader 5. The Text  5.01 Routine Sources of Uncertainty  5.02 Authors and Audiences  5.03 Internal Context  5.04 Textualism vs. Literalism  5.05 Critiquing Reliance on the Text 6. External Context—Purpose  6.01 Introduction  6.02 Legislative Purpose vs. Legislative Intent  6.03 Making Sense of the Statute  6.04 Conflict of Text and Context  6.05 Context and Permissible Readings of the Text  6.06 Legislative Purpose and Political Compromise  6.07 Varieties of Textualism and Purposivism–Western Union Telegraph Co. v. Lenroot 7. External Context—Background Considerations  7.01 Analytical Framework  7.02 "Plain Statement" Canon—Avoid Burdening States (Federalism)  7.03 "Plain Statement" Canon—Avoid Retroactive Statutes  7.04 Type of Document 8. Change  8.01 Common Law vs. Statutes  8.02 Legal Evolution and Obsolete Statutes  8.03 Statutory Evolution  8.04 Textualism and Change  8.05 Comment on Writing a Judicial Opinion • Subpart II-B Legislative History 9. Contemporaneous Legislative History  9.01 Defining Legislative History  9.02 An Historical Note  9.03 Committee Reports  9.04 Critique of Reliance on Committee Reports  9.05 Legislative Debates  9.06 Changes in Language During Enactment Process—Drafting Context  9.07 Pre-Legislative Stage  9.08 Presidential (and Other Chief Executive) Interpretations  9.09 State Legislative History  9.10 English Practice and the Relevance of Institutional Setting  9.11 Legislative Rules About Judicial Use of Legislative History 10. Administrative Interpretation  10.01 Introduction  10.02 Independent Judicial Judgment  10.03 Deference Based on Institutional Competence  10.04 Super–Deference?  10.05 State Law  10.06 Deference to Agencies and Legislative History 11. Legislative Action and Inaction After Passage of Legislation  11.01 Later Legislation  11.02 Later Legislative History—Institutional Competence  11.03 Legislative Reen

Materials on Legislation, Political Language And the Political Process

Politics & Social Sciences

Politics & Government

Foundation Pr

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