Legislation and regulation in a nutshell / Steven F. Huefner (Alumni Society Designated Professor of Law, The Ohio State University, Moritz College of Law).
2017
KF4945 .H84 2017 (Mapit)
Available at Reserve Collection
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Details
Author
Title
Legislation and regulation in a nutshell / Steven F. Huefner (Alumni Society Designated Professor of Law, The Ohio State University, Moritz College of Law).
Imprint
St. Paul, MN : West Academic Publishing, [2017]
Copyright
©2017.
Description
xxiii, 573 pages ; 19 cm.
Series
Nutshell series.
Formatted Contents Note
Sources and hierarchy of lawmaking authority
The nature of democratic representation
Electoral structures, or how American legislatures are populated
Campaign financing, lobbying, and bribery : the impact of money in politics
Inside the legislature, or how a bill becomes a law
Inside the administrative state : the authority and operation of government agencies
The challenge of textual interpretation
Theories of statutory interpretation
Canons of construction and other intrinsic tools of interpretation
Legislative history and other extrinsic tools of interpretation
Agency interpretation of legal text
Judicial review of agency interpretations.
The nature of democratic representation
Electoral structures, or how American legislatures are populated
Campaign financing, lobbying, and bribery : the impact of money in politics
Inside the legislature, or how a bill becomes a law
Inside the administrative state : the authority and operation of government agencies
The challenge of textual interpretation
Theories of statutory interpretation
Canons of construction and other intrinsic tools of interpretation
Legislative history and other extrinsic tools of interpretation
Agency interpretation of legal text
Judicial review of agency interpretations.
Summary
While traditional American legal education has focused primarily on the judicial branch of government, legislatures and regulatory agencies are responsible for the vast majority of today's law creation and law implementation, in fields from health insurance regulation, to motor vehicle operation, to environmental protection, to the mechanics of voting, to stimulating the economy, to the criminalization of internet piracy, to the distribution of tax burdens, to name only some. Because well-equipped attorneys need a comprehensive grounding in legislative and regulatory processes and the relationships among all three branches of government, many law schools now teach some version of a course in Legislation and Regulation in the first year. This Nutshell addresses all the major topics of these courses, including the central question of how courts and agencies should interpret ambiguous statutes. Part I describes the functioning of modern-day legislatures and administrative agencies, including not only their essential mechanics but also theories of democratic representation. Part II then builds on this foundation to develop the principal theories and doctrines of statutory and regulatory interpretation. It includes detailed discussions of the various "intrinsic" and "extrinsic" interpretive tools, as well as the competing interpretive approaches of Textualism and Purposivism. It also includes a chapter devoted to the Chevron doctrine and the question of how courts should review agency interpretations of statutes.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
RSRVS
Linked Resources
Spine Title
Legislation and regulation.
Call Number
KF4945 .H84 2017
Language
English
ISBN
9781628102109
1628102101
1628102101
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