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Full-Text Articles in Legislation
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady
Journal of Legislation
The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
Journal of Legislation
No abstract provided.
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
The Constitution That Couldn’T: Examining The Implicit Imbalance Of Constitutional Power In The Context Of Nominations, And The Need For Its Remedy, James E. Britton
Journal of Legislation
No abstract provided.
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate
Journal of Legislation
No abstract provided.
The Politics Of Statutory Interpretation, Margaret H. Lemos
The Politics Of Statutory Interpretation, Margaret H. Lemos
Notre Dame Law Review
In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Journal Articles
The word "appropriate" is so wildly overused in American culture that, as with other vacuous words and phrases, a person learns to read right through it. "Appropriate" is verbal tofu. This Essay pauses instead of reading through, particularly to notice the instances in which "appropriate" and its negative counterpart are used to give the appearance of a moral or legal judgment.
"Appropriate," chosen to express a legal judgment, is not only vacuous; it is also irresponsible. It catches the legislator, judge, or administrator in the act of passing the buck, as the President did when he ordered the Justice Department …
Introduction, Joseph O'Meara
Introduction, Joseph O'Meara
Journal Articles
A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …