image

Statutory Default Rules: How to Interpret Unclear Legislation

Featured Bookstore

Book Description: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantánamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Summary of Lowest Prices Sort By: Price   Condition  
Seller Condition Price Shipping Details Total    

Used

$24.50 $3.99 Details $28.49 View All Used Buy Now

Rental

$32.99 $5.49 Details $38.48 View All Rental Buy Now

New

$39.15 Free Details $39.15 View All New Buy Now
Used Books
Seller Price Shipping Details Availability Total  
$24.50 $3.99 Details Ready to ship $28.49 Buy Now
$44.20 $2.99 Details Ready to ship $47.19 Buy Now
$44.20 $3.65 Details Ships 3 Days or More $47.85 Buy Now
$44.20 $3.95 Details Ready to ship $48.15 Buy Now
$44.20 $3.99 Details Ships 2-3 days $48.19 Buy Now
$44.20 $6.00 Details Ships 2-3 days $50.20 Buy Now
$68.60 $3.99 Details Ships 2-3 days $72.59 Buy Now
$79.76 $3.96 Details Ships 2-3 days $83.72 Buy Now
New Books
Seller Price Shipping Details Availability Total  
$39.15 Free Details Ready to ship $39.15 Buy Now
$53.63 Free Details Ships 3 Days or More $53.63 Buy Now
$51.58 $3.99 Details Ready to ship $55.57 Buy Now
$52.39 $3.99 Details Ships 3 Days or More $56.38 Buy Now
$52.55 $3.97 Details Ships 3 Days or More $56.52 Buy Now
$58.00 Free Details Ready to ship $58.00 Buy Now
$56.51 $3.75 Details Ships 2-3 days $60.26 Buy Now
$58.00 $3.65 Details Ships 3 Days or More $61.65 Buy Now
$58.13 $3.95 Details Ready to ship $62.08 Buy Now
$58.13 $3.97 Details Ships 3 Days or More $62.10 Buy Now
$59.00 $3.99 Details Ships 2-3 days $62.99 Buy Now
$60.36 $2.99 Details Ready to ship $63.35 Buy Now
$63.48 Free Details Ready to ship $63.48 Buy Now
$59.58 $3.99 Details Ships 2-3 days $63.57 Buy Now
$68.50 Free Details Ships 2-3 days $68.50 Buy Now
$68.61 $3.96 Details Ships 2-3 days $72.57 Buy Now
Book Rental Book Rentals
Seller Price Shipping Details Availability Total  
$32.99 $5.49 Details Ready to ship $38.48 Buy Now

Content Copyright © 1999-2009 Terms and Conditions of Use, Security and Privacy Policy | Resources: 1 2 3 | Site Map

CopyScape