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    Judging statutes / Robert A. Katzmann.

    • Title:Judging statutes / Robert A. Katzmann.
    •    
    • Author/Creator:Katzmann, Robert A., author.
    • Published/Created:Oxford : Oxford University Press, 2016.
    • Holdings

       
    • Library of Congress Subjects:Law--United States--Interpretation and construction.
      Legislative bodies--United States.
      Judicial process--United States.
      Statutes--United States.
    • Edition:First Oxford University Press paperback, 2016.
    • Description:xi, 177 pages ; 21 cm
    • Summary: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, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks 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 (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.
    • Notes:Originally published: 2014.
      Formerly CIP.
      Includes bibliographical references and index.
    • ISBN:9780190263294 (pbk.)
      0190263296 (pbk.)
      9780199362134 (hbk.)
    • Contents:Machine generated contents note: 1. Introduction
      2. Congress and the Lawmaking Process
      3. Congress and Agencies: Interpreting and Implementing Statutes
      4. Judicial Interpretation of Statutes
      A. Purposive Approach
      B. Uses of Legislative History
      C. Textualist Critique
      D. Textualists' Impact
      E. Critique of Textualism
      F. Canons of Statutory Construction
      G. Concluding Thoughts
      5. Some Cases I Have Decided
      A. Raila v. United States
      B. United States v. Gayle
      C. Murphy v. Arlington Central School District Board of Education
      D. Coda
      6. Promoting Understanding
      A. Drafting and Statutory Revision
      B. Making Legislative History More Reliable
      7. Conclusion.
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