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

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