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Judging Statutes

Hardcover |English |0199362130 | 9780199362134

Judging Statutes

Hardcover |English |0199362130 | 9780199362134
Overview
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.
ISBN: 0199362130
ISBN13: 9780199362134
Author: Katzmann, Robert A.
Publisher: Oxford University Press
Format: Hardcover
PublicationDate: 2014-09-11
Language: English
Edition: 1
PageCount: 184
Dimensions: 0.9 x 5.8 x 8.3 inches
Weight: 11.36 ounces
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.

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  • Gift cards
  • Downloadable software products
  • Some health and personal care items

To complete your return, we require a tracking number, which shows the items which you already returned to us.
There are certain situations where only partial refunds are granted (if applicable)

  • Book with obvious signs of use
  • CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error
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If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

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Overview
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.
ISBN: 0199362130
ISBN13: 9780199362134
Author: Katzmann, Robert A.
Publisher: Oxford University Press
Format: Hardcover
PublicationDate: 2014-09-11
Language: English
Edition: 1
PageCount: 184
Dimensions: 0.9 x 5.8 x 8.3 inches
Weight: 11.36 ounces
In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? 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, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look 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-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.

Books - New and Used

The following guidelines apply to books:

  • New: A brand-new copy with cover and original protective wrapping intact. Books with markings of any kind on the cover or pages, books marked as "Bargain" or "Remainder," or with any other labels attached, may not be listed as New condition.
  • Used - Good: All pages and cover are intact (including the dust cover, if applicable). Spine may show signs of wear. Pages may include limited notes and highlighting. May include "From the library of" labels. Shrink wrap, dust covers, or boxed set case may be missing. Item may be missing bundled media.
  • Used - Acceptable: All pages and the cover are intact, but shrink wrap, dust covers, or boxed set case may be missing. Pages may include limited notes, highlighting, or minor water damage but the text is readable. Item may but the dust cover may be missing. Pages may include limited notes and highlighting, but the text cannot be obscured or unreadable.

Note: Some electronic material access codes are valid only for one user. For this reason, used books, including books listed in the Used – Like New condition, may not come with functional electronic material access codes.

Shipping Fees

  • Stevens Books offers FREE SHIPPING everywhere in the United States for ALL non-book orders, and $3.99 for each book.
  • Packages are shipped from Monday to Friday.
  • No additional fees and charges.

Delivery Times

The usual time for processing an order is 24 hours (1 business day), but may vary depending on the availability of products ordered. This period excludes delivery times, which depend on your geographic location.

Estimated delivery times:

  • Standard Shipping: 5-8 business days
  • Expedited Shipping: 3-5 business days

Shipping method varies depending on what is being shipped.  

Tracking
All orders are shipped with a tracking number. Once your order has left our warehouse, a confirmation e-mail with a tracking number will be sent to you. You will be able to track your package at all times. 

Damaged Parcel
If your package has been delivered in a PO Box, please note that we are not responsible for any damage that may result (consequences of extreme temperatures, theft, etc.). 

If you have any questions regarding shipping or want to know about the status of an order, please contact us or email to support@stevensbooks.com.

You may return most items within 30 days of delivery for a full refund.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

  • Gift cards
  • Downloadable software products
  • Some health and personal care items

To complete your return, we require a tracking number, which shows the items which you already returned to us.
There are certain situations where only partial refunds are granted (if applicable)

  • Book with obvious signs of use
  • CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error
  • Any item that is returned more than 30 days after delivery

Items returned to us as a result of our error will receive a full refund,some returns may be subject to a restocking fee of 7% of the total item price, please contact a customer care team member to see if your return is subject. Returns that arrived on time and were as described are subject to a restocking fee.

Items returned to us that were not the result of our error, including items returned to us due to an invalid or incomplete address, will be refunded the original item price less our standard restocking fees.

If the item is returned to us for any of the following reasons, a 15% restocking fee will be applied to your refund total and you will be asked to pay for return shipping:

  • Item(s) no longer needed or wanted.
  • Item(s) returned to us due to an invalid or incomplete address.
  • Item(s) returned to us that were not a result of our error.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.


Shipping Cost


We'll pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). In other cases, you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

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