Cases And Materials On Legislation 2004

by Eskridge, William N., jr.; Frickey, Philip P.; Garrett, Elizabeth

• ISBN13: 9780314151773
• ISBN10: 031415177X
• Edition: 3rd
• Format: Paperback
• Copyright: 2004-07-30
• Publisher: West Academic

Summary

Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.

Table of Contents

Preface	iii
Representational Structures
Section 1B3.
Vieth v. Jubelirer	1	(19)
Additional Discussion (of Vieth)	20	(2)
Additional Discussion (of Vieth)	22	(1)
Section 2B.
Additional Discussion (of state term limits)	23	(1)
Additional Discussion (of terms of congressional committee chairs)	24	(1)
Section 3B.
Additional Discussion (of state campaign finance)	24	(2)
Additional Discussion (of BCRA)	26	(3)
McConnell v. Federal Election Commission	29	(28)
Notes on McConnell v. FEC	57	(7)
Section 3C.
Additional Discussion (of electoral competitiveness)	64	(1)
Federal Election Commission v. Colorado Republican Federal Campaign Committee (``Colorado Republican II'')	65	(2)
Structures of Legislative Deliberation
Section 1C.
Additional Discussion (of gift limits)	67	(1)
Section 3C1.
New Problem	67	(2)
Due Process of Lawmaking
Section 1.
Additional Discussion (of limits on congressional power)	69	(1)
Section 2B.
Additional Discussion (of federal budget deficit)	69	(1)
Additional Discussion (of filibuster rule)	70	(1)
Additional Discussion (of budget process)	71	(2)
Direct Democracy as an Alternative to Republican Government
Section 1.
Additional Discussion (of state direct democracy)	73	(1)
Section 2A.
Additional Discussion (of single-subject rule)	74	(1)
Section 3.
Note on the California Gubernatorial Recall	74	(7)
Theories of Statutory Interpretation
Section 2B2.
Note on the Competence or Legitimacy of Different Institutions To Interpret Statutes Dynamically	81	(3)
Section 3B1.
Note on the New Textualism and the ``Absurd Result'' Exception to the Plain Meaning Rule	84	(5)
Doctrines of Statutory Interpretation
Section 1A2.
Circuit City Stores, Inc. v. Adams	89	(6)
Notes on Adams and the Key Role that Textual Canons Often Play in Statutory Interpretation	95	(3)
Section 1B2.
Additional Discussion (of avoidance canon)	98	(1)
Section 1C.
Additional Discussion (of substantive canons)	99	(1)
Additional Discussion (of interpretive directions)	99	(1)
Section 2B2.
United States v. Gayle	100	(2)
Note on Gayle	102	(1)
Section 2B4.
Circuit City Stores, Inc. v. Adams	102	(1)
Section 2C3.
Branch v. Smith	103	(13)
Notes on Branch and the Relationship Between the New Textualism and the No-Implied-Repeals Doctrine	116	(3)
California Public Employees' Retirement System v. Worldcom, Inc.	119	(2)
Note on Worldcom	121	(1)
Section 3.
United States v. Mead Corp.	121	(10)
Notes on Mead and the Debate over Chevron's Meaning	131	(2)
Note on Dynamic Statutory Interpretation by Administrative Agencies	133