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Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.
Mastering Elder Law explains basic topics of concern in the burgeoning field of elder law. The book examines public benefits available to the elderly, retirement systems, age discrimination in employment, wealth transfers, medical decision making (including the “right to die”), guardianships and conservatorships, durable powers of attorney, long-term care insurance, housing for the elderly, nursing homes, and elder abuse. The book also explores overarching themes of elder law, such as the tension that results when the state is obligated to protect its vulnerable elderly citizens while simultaneously obligated to promote their autonomy to the maximum extent consistent with their abilities. The text is designed to facilitate the novice's understanding of complex topics such as Social Security, Medicare, and Medicaid. It discusses relevant statutes and cases, includes many examples, and provides practical observations about the laws that address the problems of the elderly.
Softbound - New, softbound print book.
The Mindful Legal Writer: Mastering Persuasive Writing is designed to provide practical real-life context for the role of persuasive legal writing in authentic law practice. Students need to understand WHY lawyers write the way they do, and HOW the students own work product will be useful in real life by a supervising attorney, client, or judge. This book encapsulates ways to inject passion into teaching and learning persuasive legal writing, with the goal of empowering students to take ownership of their writing craft. The Mindful Legal Writer: Mastering Persuasive Writing offers best practices for presenting a legal argument in a logical, engaging, and ethical manner no matter what the assignment. Once students have mastered these fundamentals, they can learn how to add their own artistic flair.
This book is designed to teach statutory interpretation skills. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text. The book addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of "uniform statutes." Within each chapter, subjects are introduced with concise summaries of the core concepts. After the introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help focus the students' thoughts and understanding of the case before they come to class. Finally, problems are included to ensure that the students use the statutory interpretation skills they have just learned. Each problem lends itself to at least two arguments (often more) and allows for further inquiry into the concepts in the chapter. The second edition has been revised and updated to include more problems and a few new cases. Additionally, the legislative and administrative chapters have been substantially revised. An electronic Teacher's Manual is available. To request the file, please email crutan (at) cap-press (dot) com.
Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Softbound - New, softbound print book.
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
This public domain book is an open and compatible implementation of the Uniform System of Citation.