Authors: Linda Jellum
ISBN-13: 9781594603143, ISBN-10: 1594603146
Format: Paperback
Publisher: Carolina Academic Press
Date Published: August 2008
Edition: 1st Edition
Linda Jellum is an assistant professor at Mercer University School of Law.
Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Table of Cases
Ch. 1 Preliminary Matters 3
Ch. 2 The Art of Statutory Interpretation: Sources & Theories 11
Ch. 3 The Legislative Process 41
Ch. 4 Canons Based on Intrinsic Sources: The Words 61
Ch. 5 Canons Based on Intrinsic Sources: Grammar & Punctuation 81
Ch. 6 Canons Based on Intrinsic Sources: The Linguistic Canons 95
Ch. 7 Canons Based on Intrinsic Sources: The Components 115
Ch. 8 Canons Based on Extrinsic Sources & Legislative Process: Timing 139
Ch. 9 Canons Based on Extrinsic Sources & Legislative Process: Enactment Context 159
Ch. 10 Canons Based on Extrinsic Sources & Legislative Process: Post-Enactment Context 191
Ch. 11 Canons Based on Extrinsic Sources & Legislative Process: Agency Interpretation 207
Ch. 12 Canons Based on Policy-Based Considerations: Constitutional & Prudential 231
Conclusion 259
Master Checklist 263
App. A Selected Bibliography 265
App. B Glossary 269
App. C Where to Find Federal Legislative History On-Line 275
App. D House Bill 916 281
App. E Companion Senate Bill to H.R. 916 287
App. F Senate Report 110-051 293
Index 299