The Theory and Practice of Statutory Interpretation

Author:   Frank B. Cross
Publisher:   Stanford University Press
ISBN:  

9780804759120


Pages:   248
Publication Date:   19 November 2008
Format:   Hardback
Availability:   In Print   Availability explained
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The Theory and Practice of Statutory Interpretation


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Overview

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, 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 pursuit of an ideological agenda.

Full Product Details

Author:   Frank B. Cross
Publisher:   Stanford University Press
Imprint:   Stanford University Press
Dimensions:   Width: 15.20cm , Height: 53.40cm , Length: 22.90cm
Weight:   0.454kg
ISBN:  

9780804759120


ISBN 10:   080475912
Pages:   248
Publication Date:   19 November 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

[table of contents] Table of Contents Preface Chapter 1 The Goal of Statutory Interpretation Chapter 2 Textualism and Statutory Interpretation Chapter 3 Legislative History and Statutory Interpretation Chapter 4 The Canons of Statutory Interpretation Chapter 5 Pragmatism and Dynamic Statutory Interpretation Chapter 6 The Justices and their Practice of Statutory Interpretation Chapter 7 Ideology and the Practice of Statutory Interpretation Chapter 8 Statutory Interpretation in the Lower Federal Courts Notes Index

Reviews

Cross's work offers genuinely new insights about statuatory interpretation and challenges established ways of thinking about this area of law. Throughout his inquiry, Cross adopts a curious, clear-eyed, and directed approach; he seeks to advance the project of creating a coherent system for interpreting statutes. -The Law and Politics Book Review Cross's findings, based on careful empiricism, provide a welcome contrast with the often overwrought claims of many prolific proponents of particular interpretive methodologies. This important contribution to the field will be of value both for teaching and for research. -Richard Pierce, George Washington University


Cross's findings, based on careful empiricism, provide a welcome contrast with the often overwrought claims of many prolific proponents of particular interpretive methodologies. This important contribution to the field will be of value both for teaching and for research. - Richard Pierce, George Washington University


Author Information

Frank B. Cross is the Herbert D. Kelleher Centennial Professor of Business Law at the University of Texas. He is the author of Decision Making in the U.S. Courts of Appeals (Stanford, 2007), and The Failed Promise of Originalism (Stanford, 2012), among other books.

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