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Wednesday, May 6, 2020 | History

2 edition of Statutory interpretation and the uses of legislative history found in the catalog.

Statutory interpretation and the uses of legislative history

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice.

Statutory interpretation and the uses of legislative history

hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, April 19, 1990.

by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice.

  • 37 Want to read
  • 39 Currently reading

Published by U.S. G.P.O., For sale by the Supt. of Docs., Congressional Sales Office, U.S. G.P.O. in Washington .
Written in English

    Places:
  • United States,
  • United States.
    • Subjects:
    • Law -- United States -- Interpretation and construction.,
    • Legislative histories -- United States.

    • Classifications
      LC ClassificationsKF27 .J857 1990a
      The Physical Object
      Paginationiv, 531 p. :
      Number of Pages531
      ID Numbers
      Open LibraryOL1987686M
      LC Control Number90603112

        Legislative history is a term that refers to the documents that are produced by Congress as a bill is introduced, studied, and debated. These legislative documents are often used by attorneys and courts in an attempt to determine Congressional intent or to clarify vague or ambiguous statutory Author: Anne Guha. This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.

      Get this from a library! Using legislative history in American statutory interpretation. [Christian E Mammen] -- "Justice Scalia has derided the use of legislative history as 'the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends.' In 'Using Legislative. Statutory interpretation is the central element of a course on Legislation and each chapter incorporates the basics of interpretation to clarify how each topic fits in with the course as a whole. The authors first introduce students to legislation as the primary vehicle for making the law, before discussing the interaction of legislation and.

      1. William S. Jordan, "Legislative History and Statutory Interpretation: The Relevance of English Practice" 29 USFL Rev 1, 4, 2. Robert J. Araujo, S. J., "The Use of Legislative History in Statutory Interpretation: A Look at Administrative Tribunal Regents v. Bakke " 16 Seton Hall Legis J 57, , 3. Id. at 4.   Legislative history: What principles do courts follow in statutory interpretation? You’ve done the work. You’ve combed through multiple pieces of legislative history looking for any document that may explain how a problematic and vague statute may impact your case.


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Statutory interpretation and the uses of legislative history by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice. Download PDF EPUB FB2

Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists.

The book separates the utility and usability of legislative history from Cited by: 1. The Theory and Practice of Statutory Interpretation 1st Edition namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in Cited by: 5.

Using Legislative History in American Statutory Interpretation examines the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists.

The book separates the utility and usability of legislative history from. In his article Avoiding Judicial In-Activism: The Use of Legislative History to Determine Legislative Intent in Statutory Interpretation, Matthew B. Todd notes that researching a legislative history can provide a broad insight into the intent of a statute, as well as a better understanding of its language.

He states that since proposed legislation is drafted and amended, the final language may not adequately delineate the legislators. Stephen Breyer, On the Uses of Legislative History in Interpreting Statutes, 65 Statutory interpretation and the uses of legislative history book.

CAL. REV. legislative history might be consulted to determine Congress’s meanings in cases of apparent absurdity. Since neither scholars nor lawyers dispute that, as a matter of fact, legislative history is used, the question is how it is best used.

More than occasionally, law professors reveal a stunning lack of knowledge about Congress’s rules. The Fundamentals of Statutory Interpretation also critiques the various facets of the modern principle with a view to help identify more convincing interpretations of legislative intent.

In addition, it tackles complicated issues concerning both the temporal application of statutes, such as retroactivity and retrospectivity, and when. Excellent Law Review Article on Statutory Interpretation and Use of Legislative History (8/21/16) An important topic in all tax courses, including Federal Tax Procedure, is statutory construction.

One of the issues I discuss is the use of legislative history in statutory construction. It is succinct and educational. Chief Judge Katzmann’s goal is to show that various tools of statutory interpretation, especially legislative history, can enhance judges’ understanding of statutory meaning and allow them “to be faithful to the work of the people’s representatives memorialized in statutory language” (p.

Statutory Interpretation: General Principles and Recent Trends Congressional Research Service Summary The exercise of the judicial power of the United States often requires that courts construe statutes to apply them in particular cases and controversies.

Judicial interpretation of the meaning of a. recent years suggest, certain aspects of statutory interpretation are still troubling.4 In my view, one primary problem stands out.

Several sub-stantive principles of interpretation — such as constitutional avoid-ance, use of legislative history, and Chevron — depend on an initial de-termination of whether a text is clear or ambiguous.

Read Online Statutory Interpretation and Download Statutory Interpretation book full in PDF formats. namely whether courts should rely exclusively on the text or also examine the legislative history.

The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by. Description: Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems.

The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use constructing arguments and justifying outcomes.

Textualists like Justice Antonin Scalia oppose the use of legislative history in statutory interpretation, arguing that “[w]e are governed by laws, not by the intentions of legislators.

Statutory interpretation and the uses of legislative history: hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, secAuthor: Lori Corso.

Statutory Interpretation: Theories, Tools, and Trends Congressional Research Service 1 Introduction “No vehicles in the park.” For decades, lawyers have debated the proper scope of this hypothetical law.1 The rule at first appears admirably straightforward, but File Size: 1MB.

Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning.

When statutory language is clear, construction of the statute by reference to its history is unnecessary. This is the "plain meaning rule." Accordingly, when a statute is ambiguous and unclear courts look into the legislative history to clear up the ambiguity.

Courts may use extrinisic aids to help them in their pursuit of the meaning of the Author: Roberta Woods. use of legislative history in statutory interpretation.

The debate over the use of legislative history is not simply a discussion between academics and jurists—it has practical, real-world consequences for legal writers involved in client-centered representation and public policy analysis.

Censoring Legislative History: Justice Scalia on the Use of Legislative History in Statutory Interpretation Elizabeth A. Liess University of Nebraska College of Law Follow this and additional works at:. To the extent that legislative history is used to determine statutory purpose, purposivists and textualists may disagree about whether legislative history is a permissible tool of statutory interpretation.

Many purposivists defend the use of legislative history on the grounds that these deliberative materials can illuminate the context and.Get this from a library! Statutory interpretation and the uses of legislative history: hearing before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, second session, Ap [United States.

Congress. House.Use of Legislative History in Interpretation: We will meet in our usual classroom at our usual time: pp. (but not Problem ), Lecture. April 3, Use of Legislative History in Interpretation: pp.Lecture.

Letter from White House Counsel to ABA. White House Ends Bar Association's Role in Vetting.