Legislation Commons^™

“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler

Cardozo Law Review

No abstract provided.

Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern

Cardozo Law Review

No abstract provided.

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …

United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan

Cardozo Law Review

No abstract provided.

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

The Collaborative Model Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Planning As A Major Tool Of Public Land Management, John D. Leshy

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

25 pages.

The Future Of Corporate Federalism: State Competition And The New Trend Toward De Facto Federal Minimum Standards, John C. Coffee Jr.

Cardozo Law Review

No abstract provided.

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.

Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson

Articles by Maurer Faculty

Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.

In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

Statutory Interpretation: A Peek Into The Mind And Will Of A Legislature, Reed Dickerson

Indiana Law Journal

No abstract provided.

Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson

Articles by Maurer Faculty

Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …

Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Judicial "Legisputation" And The Dimensions Of Legislative Meaning, Julius Cohen

Indiana Law Journal

Symposium on Judicial Lawmaking in Relation to Statutes, presented at the Association of American Law Schools' Round Table on Legislation, Philadelphia, December, 1960.

The Essential Focus Of Statutory Interpretation, Joseph P. Witherspoon

Indiana Law Journal

Symposium on Judicial Lawmaking in Relation to Statutes, presented at the Association of American Law Schools' Round Table on Legislation, Philadelphia, December, 1960.

Admission Of Extrinsic Evidence In Cases Involving The Validity Of Statutes And Ordinances In Indiana

Indiana Law Journal

No abstract provided.

Statutes--Interpretation--Term "Stolen" As Used In The National Motor Vehicle Theft Act, T. E. P.

West Virginia Law Review

No abstract provided.

Review Of Digest Of Procedural Statutes And Court Rules: Pleading, Joinder And Judgment Record, By E. G. Brown, John W. Reed

Reviews

This is no bedside reader. One is, I suppose, adequately warned by the title to expect something less agreeable than a collection of short stories from the New Yorker. Digests are not made to be read seriatim. Lawyers, familiar with case digests, know better than to expect anything very stimulating to develop from an evening spent in random reading of, say, volume 22 (Mayhem to Motions) of the Third Decennial Digest. One is reminded of the man who said that the dictionary would be interesting reading if it didn't change the subject so often. Well, a digest doesn't change it …

Our Legal System And How It Operates, Burke W. Shartel

Michigan Legal Studies Series

Five lectures delivered at the University of Michigan February 23, 24, 25, 26, and 27, 1948 on the Thomas M. Cooley Lectureship, enlarged and revised.

First, it is descriptive of the American legal system as it now exists, not of past law and not of legal systems in general. Second, it portrays the legal system as an operating institution. Third, I have given a large place to the discussion of language in relation to law. Fourth, I have given a considerable amount of space to a discussion of the ways in which statutes are made and interpreted. Fifth, technical ideas …

Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Statutes-Time Of Taking Effect

Indiana Law Journal

No abstract provided.

Statutes-Title--Service Of Process On Non-Resident Motorists

Indiana Law Journal

No abstract provided.