Statutory Default Rules

Author : Einer Elhauge
Publisher : Harvard University Press
Page : 406 pages
File Size : 47,8 Mb
Release : 2008-02-28
Category : Law
ISBN : 0674033671

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Statutory Default Rules by Einer Elhauge Pdf

Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.

Author : Kent Greenawalt
Publisher : Oxford University Press
Page : 402 pages
File Size : 40,8 Mb
Release : 2013
Category : Law
ISBN : 9780199756148

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Statutory and Common Law Interpretation by Kent Greenawalt Pdf

Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.

Author : Charles L. Knapp,Nathan M. Crystal,Harry G. Prince,Danielle K. Hart,Joshua M. Silverstein
Publisher : Aspen Publishing
Page : 478 pages
File Size : 45,9 Mb
Release : 2023-07-20
Category : Law
ISBN : 9781543844719

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Rules of Contract Law 2023-2024 Statutory Supplement by Charles L. Knapp,Nathan M. Crystal,Harry G. Prince,Danielle K. Hart,Joshua M. Silverstein Pdf

EBOOK RUL CONT LAW STAT SUPP - 23-24

Author : Great Britain
Publisher : Unknown
Page : 1242 pages
File Size : 51,5 Mb
Release : 1921
Category : Delegated legislation
ISBN : STANFORD:36105062847327

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Statutory Rules and Orders Other Than Those of a Local, Personal Or Temporary Character by Great Britain Pdf

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 48,6 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 47,6 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Gordon Hewart Baron Hewart
Publisher : Praeger
Page : 0 pages
File Size : 45,6 Mb
Release : 1975-11-21
Category : Political Science
ISBN : 9780837183893

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The New Despotism by Gordon Hewart Baron Hewart Pdf

Author : Reinier Kraakman,John Armour,Paul Davies,Luca Enriques,Henry B. Hansmann,Gérard Hertig,Klaus J. Hopt,Hideki Kanda,Edward B. Rock
Publisher : OUP Oxford
Page : 578 pages
File Size : 47,8 Mb
Release : 2009-07-23
Category : Law
ISBN : 9780191582776

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The Anatomy of Corporate Law by Reinier Kraakman,John Armour,Paul Davies,Luca Enriques,Henry B. Hansmann,Gérard Hertig,Klaus J. Hopt,Hideki Kanda,Edward B. Rock Pdf

This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.

Author : Balotti,Jesse A. Finkelstein
Publisher : Wolters Kluwer
Page : 902 pages
File Size : 51,8 Mb
Release : 2010-10-01
Category : Law
ISBN : 9780735592940

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The Delaware Law of Corporations & Business Organizations Statutory Deskbook 2011 by Balotti,Jesse A. Finkelstein Pdf

The Delaware Law of Corporations & Business Organizations Statutory Deskbook is designed to facilitate research into matters of statutory scope and construction. Compact and easily portable, The Statutory Deskbook brings you the complete text, with all current amendments of the principal Delaware business organization statutes, including: The Delaware General Corporation Law Limited Liability Company Act Statutory Trust Statute Revised Uniform Limited Partnership Act The Delaware Revised Uniform Limited Partnership Act The Uniform Unincorporated Nonprofit Association Act Other related provisions of the State of Delaware Constitution, Franchise Tax Law and Code This statutory booklet is designed to be a convenient guide to Delaware corporations, limited partnerships and limited liability companies and is able to be easily transported by the user as an extension of the current three-volume The Delaware Law of Corporations & Business Organization, Third Edition. In addition, the accompanying CD-ROM contains the full contents of the statutory booklet, with a search mechanism that allows the user to make research more efficient.

Author : Great Britain
Publisher : Unknown
Page : 1436 pages
File Size : 45,8 Mb
Release : 1905
Category : Delegated legislation
ISBN : STANFORD:36105062847129

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Statutory Rules and Orders Other Than Those of a Local, Personal Or Temporary Character by Great Britain Pdf

Author : Reinier H. Kraakman,John Armour
Publisher : Oxford University Press
Page : 305 pages
File Size : 40,6 Mb
Release : 2017
Category : Corporation law
ISBN : 9780198739630

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The Anatomy of Corporate Law by Reinier H. Kraakman,John Armour Pdf

This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.

Author : Great Britain
Publisher : Unknown
Page : 1060 pages
File Size : 47,6 Mb
Release : 1904
Category : Administrative law
ISBN : UCAL:B4955043

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The Statutory Rules and Orders Revised by Great Britain Pdf

Author : Robert A. Katzmann
Publisher : Oxford University Press
Page : 256 pages
File Size : 40,7 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780199362141

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Judging Statutes by Robert A. Katzmann Pdf

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Author : Richard L. Hasen
Publisher : Aspen Publishing
Page : 718 pages
File Size : 48,5 Mb
Release : 2014-07-07
Category : Law
ISBN : 9781543816860

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Examples & Explanations for Legislation, Statutory Interpretation, and Election Law by Richard L. Hasen Pdf

Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition is an up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights. The Second Edition is suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Written by Richard L. Hasen, one of the leading voices in the field of election law and legislation, no other statutory supplement is as comprehensive, up to date, and full of examples (and answers) to test student knowledge as Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition. New to the 2nd Edition: Coverage through the Supreme Court’s June 2019 decisions, including partisan gerrymandering, court deference to agency interpretations, and the litigation over a citizenship question on the 2020 census Updated discussion of textualist methods of statutory interpretation following the death of Justice Scalia and the arrival of Justices Gorsuch and Kavanaugh Consideration of how increased political polarization shapes the legislative process and judicial review of legislation Updated material on campaign finance and voting rights Professors and students will benefit from: Straightforward presentation of often complex statutory and constitutional questions Examples based upon real cases and easy-to-understand explanations The book’s suitability to a variety of courses including: Legislation, Statutory Interpretation, Legislation Regulation, Election Law, Voting Rights, and Campaign Finance

Author : Great Britain
Publisher : Unknown
Page : 1058 pages
File Size : 49,6 Mb
Release : 1904
Category : Delegated legislation
ISBN : STANFORD:36105062847087

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Statutory Rules and Orders Other Than Those of a Local, Personal, Or Temporary Character by Great Britain Pdf