Dynamic statutory interpretation by William N. Eskridge

Cover of: Dynamic statutory interpretation | William N. Eskridge

Published by Harvard University Press in Cambridge, Massachusetts .

Written in English

Read online

Places:

  • United States

Subjects:

  • Law -- United States -- Interpretation and construction.,
  • Law -- Interpretation and construction.

Edition Notes

Includes bibliographical references and index.

Book details

StatementWilliam N. Eskridge, Jr.
Classifications
LC ClassificationsKF425 .E83 1994
The Physical Object
Paginationix, 438 p. ;
Number of Pages438
ID Numbers
Open LibraryOL1090027M
ISBN 100674218787
LC Control Number94014151

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Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and Dynamic statutory interpretation book ideologies.

It does so, first of all, because it involves richer authoritative texts than does either common law or. : Dynamic Statutory Interpretation (): Eskridge Jr., William N.: BooksCited by:   Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Dynamic Statutory Interpretation available in Hardcover.

Add to Wishlist. ISBN ISBN Pub. Date: Eskridge’s book is a most distinguished contribution to Price: $   The second event, the publication of Professor William Eskridge's book, Dynamic Statutory Interpretation,(1) was expected.

The first event, the Republican Party's capture of both houses of Congress, was entirely unexpected. The coincidence of this book and this election may signal the beginning of a reevaluation of the theories of statutory.

Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies.

Abstract. Dynamic Statutory Interpretation marks the culmination of a decade of Professor William Eskridge's prolific scholarship.

In Dynamic statutory interpretation book book, Eskridge develops his own theory of how current political values influence the interpretation of statutes enacted under different conditions in earlier periods - a theory of dynamic statutory interpretation.

The purpose of this Article is to explore the thesis that statutes, like the Constitution and the common law, should be interpreted dynamically.

Part I sets forth a cautious model of dynamic statutory interpretation. It uses specific examples of dynamic interpretation to show how the model works. The Article accepts the traditional assumptions that a functioning representative democracy exists. statutory interpretation doctrine is a perilous enterprise, but two events occurred in November and December that lead me to try.

The second event, the publication of Professor William Eskridge's book, Dynamic Statutory Interpretation,' was expected. The first event, the Republican Party's capture of both houses of Congress, was entirely. DYNAMIC STATUTORY INTERPRETATION The purpose of this Article is to explore the thesis that statutes, like the Constitution and the common law, should be interpreted dy-namically." Part I sets forth a cautious model of dynamic statutory in-terpretation.

It uses specific examples of dynamic interpretation to. ** Book Dynamic Statutory Interpretation ** Uploaded By Seiichi Morimura, third since statutory interpretation is as much agency centered as judge centered and since agency executives see their creativity as more legitimate than judges see theirs statutory interpretation in the modern regulatory state is particularly dynamic dynamic.

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Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, Yale Law School Professor William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies.

Introduction: Why Statutory Interpretation Is Worth a Book --I. The Practice of Dynamic Statutory Interpretation.

The Insufficiency of Statutory Archaeology. The Dynamics of Statutory Interpretation. A Case Study: Labor Injunction Decisions, --II. Jurisprudential Theories for Reading Statutes Dynamically. Liberal Theories.

Stephen Ross contributed the chapter "The Story of Flood v. Kuhn: Dynamic Statutory Interpretation, At the Time. This title tackles the leading cases in the emerging statutory interpretation canon, as reflected in the casebooks.

For each case, the leading scholar provides historical background (including details about the participants), a procedural history of the case, and an analysis of.

The Injustice of Dynamic Statutory Interpretation Anthony D'Amato Northwestern University School of Law, [email protected] This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons.

It has been accepted for. dynamic statutory interpretation Posted By Debbie Macomber Library TEXT ID Online PDF Ebook Epub Library decade of professor eskridges prolific scholarship2 the sheer breadth of what eskridge accomplishes in the book is overwhelming he surveys a host of legal theories.

Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case.

Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the Department of Motor Vehicles (DMV). If the statute does not define the.

Author: Kent Greenawalt Publisher: Oxford University Press ISBN: Size: MB Format: PDF, Kindle View: Get Books. Statutory And Common Law Interpretation Statutory And Common Law Interpretation by Kent Greenawalt, Statutory And Common Law Interpretation Books available in PDF, EPUB, Mobi Format.

Download Statutory And Common Law Interpretation books. Not a good book. There is very little reference to case law. There is much better books on interpretation. For example, Mastering Statutory Interpretation, Second Edition (The Carolina Press Academic Mastering Series) by Linda D.

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Get this from a library. Exploring the law: the dynamics of precedent and statutory interpretation. [Colin Manchester; David Salter, LL.

B.; Peter Moodie] -- "Exploring the Law is a textbook primarily for first year undergraduate Introduction to Law and Legal method courses but also very useful as an aid to the study of substantive law courses. Opinions will certainly differ, but in my judgment, the most influential book on legislation and statutory interpretation of the last 20 years remains William N.

Eskridge, Jr., Dynamic Statutory Interpretation (). The very idea of "dynamic" interpretation is anathema to advocates of more formal, textually grounded approaches. dynamic statutory interpretation Posted By Anne Rice Library TEXT ID c4a3 Online PDF Ebook Epub Library legitimate than judges see theirs statutory interpretation in the modern regulatory state is particularly dynamic dynamic statutory interpretation by eskridge william n jr.

William "Bill" N. Eskridge Jr., (born Octo in Princeton, West Virginia) is the John A. Garver Professor of Jurisprudence at Yale Law School. He is one of the most cited law professors in America, ranking sixth overall for the period – He writes primarily on constitutional law, legislation and statutory interpretation, religion, marriage equality, and LGBT rights.

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basis for dynamic statutory interpretation (with which Eskridge grapples later in the book). Chapter 2 describes dynamic statutory interpretation and explains why it is inevitable, drawing on several strands from philosophy and political science.

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Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous.

There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes.

This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation.

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