9781566627986

Legislation and Statutory Interpretation

by
  • ISBN13:

    9781566627986

  • ISBN10:

    1566627982

  • Edition: 1st
  • Format: Paperback
  • Copyright: 2000-01-01
  • Publisher: West Group

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Supplemental Materials

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Table of Contents

Dedication iii
Preface v
A Note on Citation Practice vii
Table of Cases
xv
An Introduction to Legislation
1(18)
Theories of Representation
19(48)
Direct versus Representative Democracy
22(17)
Should We Have a Representative Democracy?
23(3)
Representative Plus Direct Democracy
26(7)
The Role of the Courts in Policing Direct Democracy
33(6)
Qualification and Election of Representatives
39(16)
Who Is Eligible To Serve as a Representative?
40(6)
The Right To Political Participation: Voting and Choice
46(3)
Fair Aggregation of Votes and Gerrymandering
49(6)
``Corruption'' in Representatives' Deliberations
55(12)
Corruption the Old-Fashioned Way: Bribery
56(1)
Other Regulation of Corrupt Conflicts of Interest
57(3)
Money in Politics: Does It ``Corrupt''?
60(7)
Theories of the Legislative Process
67(48)
Proceduralist Theories
68(13)
The Legislature as an Obstacle Path
68(9)
Vetogates as a Method To Make Legislating Difficult and Infrequent
77(1)
The Effect of Proceduralism on Legislative Deliberation
78(3)
Interest Group Theories
81(16)
Interest Group Liberalism: Pluralism as Positive Force in Politics
82(3)
Public Choice Theory: Interest Groups as Pernicious Political Influences
85(5)
Interest Group Theories and the Transactional Model of the Political Process: Explanation and Criticisms
90(7)
Institutional Theories
97(18)
The Effect of Institutions on Decisionmaking
97(5)
Positive Political Theory: Institutionalism and Game Theory
102(2)
The Article I, Section 7 Game
104(1)
Interactive, Sequential Lawmaking by Interrelated Actors
104(3)
The Proposed BTU Tax: A Case Study
107(4)
Further Developments in the Game
111(4)
Electoral Structures
115(42)
Regulating Ballot Access and Campaigns
117(14)
The Constitutional Issues Implicated by Ballot Access Laws
118(4)
Criticisms of the Court's Permissive Approach to Ballot Access Laws
122(3)
Ballots, Voting Cues, and the Informed Voter
125(6)
Regulation of Political Parties and Their Selection of Candidates
131(8)
State Regulation of Parties' Methods of Selecting Candidates
132(3)
Judicial Involvement in Parties' Internal Decisions
135(2)
Patronage: Corrupt Practice or Politics as Usual?
137(2)
Campaign Finance Reform
139(18)
The Federal Election Campaign Act
141(4)
Current Federal Campaign Finance Reform Issues
145(6)
State Campaign Finance Reform Laws
151(6)
Legislative Structures
157(54)
Legislative Immunities
159(9)
Speech or Debate Clause: The Sole Protection for Members of Congress
159(4)
Defining Legislative Acts: The Narrow Scope of the Speech or Debate Clause
163(3)
Immunities Accorded to State Lawmakers
166(2)
Structures that Shape Legislative Deliberation
168(21)
Single-Subject Requirements
169(6)
Due Process of Lawmaking: A Concept for Courts and Legislatures
175(6)
The Federal Budget Process
181(8)
The Effect of Outside Forces on the Legislative Process
189(22)
The Regulation of Lobbying: Relying on Disclosure To Combat Corruption
189(8)
The Line Item Veto Power
197(6)
Congressional Interaction with the Executive Branch: The Legislative Veto and Oversight
203(8)
Theories of Statutory Interpretation
211(38)
Intentionalist Theories
213(10)
Specific Intent
214(4)
Imaginative Reconstruction
218(2)
Purposivism
220(3)
Textualist Theories
223(13)
The Soft Plain Meaning Rule
223(4)
The New Textualism
227(3)
Critiques of the New Textualism
230(6)
Dynamic Theories
236(13)
Best Answer Theories
237(3)
Pragmatic Theory
240(3)
Critical Theories
243(6)
The Role of Text and Precedent in Statutory Interpretation
249(38)
Sources for Discerning Statutory ``Plain Meaning''
251(12)
Ordinary Meaning Canons
251(2)
Canons of Word Association (Noscitur a Sociis and Ejusdem Generis)
253(2)
Canons of Negative Implication (e.g., Inclusio Unius)
255(1)
Grammar and Punctuation Canons (e.g., The Rule of the Last Antecedent)
256(3)
Exceptions to Ordinary Grammar Rules (Man Includes Woman, Singular Includes Plural)
259(1)
Avoiding Absurd Results and Correcting Scriveners' Errors
260(3)
Whole Act Rule and Holistic Textual Sources
263(13)
Presumption of Statutory Consistency
264(2)
The Rule Against Surplusage
266(2)
Statutory Amendment and Evolution
268(1)
Statutory Structure
269(3)
Other Parts of the Statute: Preambles, Titles, Provisos
272(1)
Statutory Conflicts (No Repeals by Implication; Last Enacted Rule; Specific over General)
273(3)
Precedent and Statutory Meaning
276(11)
The Super-Strong Presumption of Correctness for Statutory Precedents
277(4)
The Reenactment Rule
281(2)
Judicial Constructions of Similar Statutes
283(4)
Extrinsic Sources for Statutory Interpretation
287(42)
The Common Law
290(5)
Legislative History
295(17)
Criteria for Using Legislative History
296(6)
Hierarchy of Legislative History Sources
302(6)
The Relationship Between Legislative History and Plain Meaning
308(4)
Administrative Interpretations
312(17)
The Chevron Revolution?
313(6)
Scope and Details of the Agency-Deference Doctrine
319(7)
Critique of Strong Judicial Deference to Agency Interpretations
326(3)
Substantive Canons of Statutory Interpretation
329(46)
An Overview of the Substantive Canons
331(16)
Liberal versus Strict Construction --- Change versus Continuity in Legal Regimes
331(8)
Presumptions and Clear Statement Rules
339(3)
Policies Potentially Served by Substantive Canons
342(5)
Three Important Substantive Canons
347(22)
Avoiding Serious Constitutional Issues
348(6)
The Federalism Canons
354(8)
The Rule of Lenity
362(7)
Conclusions About the Canons --- and About Statutory Interpretation
369(6)
Appendix. The Rehnquist Court's Canons of Statutory Construction 375(10)
Index 385

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