Legislation: Interpreting and Drafting Statutes, in Theory and Practice
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Publication Date
2021
Description
This casebook serves courses in legislation, statutory interpretation, and legislation & regulation — the processes of enacting, implementing, and interpreting our nation’s laws. While most casebooks present these issues principally through judicial opinions construing statutes, this casebook trains students’ focus on the statutes themselves. Extensive statutory excerpts precede most judicial opinions, and students are directed to work their way through the text on its own terms before grappling with judicial readings. Later chapters offer case studies on not only the statutory text but also, where relevant, the statute’s legislative history, and agency or executive branch interpretations rendered in the form of rules, guidance, or opinion letters. These case studies enhance understanding of how potential interpretations or applications narrow over the course of the interpretive process until a prevailing view emerges, often as a result of an accretion of judicial (and sometimes administrative) decisions interpreting the text over time and as applied to new and evolving problems. To do so, the casebook includes numerous recent decisions from the 2018 and 2019 Supreme Court terms, including Babb v. Wilkie (2020), Barr v. Am. Assoc. of Pol. Consultants (2020); Bostock v. Clayton Cty. (2020), New Prime v. Oliveira (2019), and U.S. Forest Serv. v. Cowpasture River Preserv. Assoc. (2020).
Disciplines
Law | Legislation
ISBN
9781647082680
Publisher
West Academic Publishing
City
St. Paul, MN
Recommended Citation
Ginsburg, Jane C. and Louk, David S., "Legislation: Interpreting and Drafting Statutes, in Theory and Practice" (2021). Faculty Books. 380.
https://scholarship.law.columbia.edu/books/380