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The Theory and Practice of Statutory Interpretation
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.
Decision Making in the U.S. Courts of Appeals
This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.
The Failed Promise of Originalism
Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
West's Legal Environment of Business
Based on the best-selling West's Business Law, this text maintains its most popular features and continues to offer flexibility for different teaching philosophies. While focusing on public law issues such as ethics, government regulation, and administrative law, it also provides a good balance of private law topics such as contracts and sales. Selected cases begin with either a "Historical and Social Setting" or a "Company Profile" and address the AACSB's curriculum requirements by focusing on global, political, ethical, social, environmental, technological, and cultural diversity issues.
Measuring Judicial Activism
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Environmentally Induced Cancer and the Law
Frank Cross provides a comprehensive treatment of the widely feared problem of environmentally induced cancer. The author takes a threefold approach to the problem, first examining the cancers themselves and what is known about their causes and then exploring both the government's regulation of these environmental pollutants and the legal remedies available to victims of such cancers. Throughout, new proposals for regulating carcinogens and compensating the victims of environmental cancer are discussed. In Part I, Cross addresses the significant and unique problems presented by the disease of cancer, demonstrating that the limits of scientific knowledge, the absence of a demonstrable safe th...
Law and Corporate Finance
The authors examine the role of the law in developing large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets.
West's Business Law
This text is used at more colleges and universities than any other business law text. With the perfect balance of tradition and innovation, this benchmark text brings to life the functions and inner-workings of business law in the real world. Rich with classic and modern cases, West's Business Law is the ideal text for students entering virtually any field of business. By combining this market leading text with a complete supplements and technology package, this is the one clear choice in business law courses.
West's Business Law
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Legal Environment Today
Study more effectively and improve your performance at exam time with this comprehensive guide. Written to work hand-in hand with THE LEGAL ENVIRONMENT TODAY: BUSINESS IN ITS ETHICAL REGULATORY, E-COMMERCE, AND GLOBAL SETTING, 7th Edition, this user-friendly guide includes a wide variety of learning tools to help you master the key concepts of the course.
