The Resource Legislation and regulation in a nutshell, Steven F. Huefner

Legislation and regulation in a nutshell, Steven F. Huefner

Label
Legislation and regulation in a nutshell
Title
Legislation and regulation in a nutshell
Statement of responsibility
Steven F. Huefner
Creator
Subject
Genre
Language
eng
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
Cataloging source
IDEBK
http://library.link/vocab/creatorName
Huefner, Steven F
Index
no index present
LC call number
KF4945
LC item number
.H84 2017
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/subjectName
  • Legislation
  • Law
  • Legislative bodies
  • Law
  • Legislation
  • Legislative bodies
  • United States
Label
Legislation and regulation in a nutshell, Steven F. Huefner
Instantiates
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Intro; Acknowledgments; Table of Cases; Introduction Why Study Legislation and Regulation?; PART 1 UNDERSTANDING LEGISLATURES AND AGENCIES; Chapter 1. Sources and Hierarchy of Lawmaking Authority 9; A. Constitutional Democracy: Lawmaking Authority Derives from the People; 1. The United States Constitution; 2. State Constitutions; 3. Local Governments; B. From Constitutions to Legislatures: Legislative Structures and Limitations; 1. Constitutional Structures of Congress; 2. Constitutional Structures of State Legislatures; 3. Constitutional Limits on Congressional Legislation
  • 4. Constitutional Limits on State LegislationC. From Legislatures to Agencies: Delegation of Lawmaking Authority; Chapter 2. The Nature of Democratic Representation 35; A. Conceptions of the Role of the Legislator; 1. Legislators as Agents; 2. Legislators as Trustees; 3. Hybrid Conceptions of the Legislator's Role; 4. Legislators as Constituting a Collective Microcosm, a Portrait-in-Miniature; B. Conceptions of the Role of the Legislature; 1. Classical Liberal or Pluralist Conceptions; 2. Republican Conceptions; 3. Critical Theories
  • C. Perspectives on the Operation of the Administrative State1. Lawmaking Procedures as Hurdles to Overcome; 2. Government as the Locus of Interest Group Bargaining; 3. The Impact of Institutional Dynamics on Lawmaking; Chapter 3. Electoral Structures, or How American Legislatures Are Populated; A. Qualifications to Serve as Legislators; 1. Eligibility to Serve in Congress; 2. Eligibility to Serve in State Legislatures; 3. Judging Members' Qualifications; 4. Discipline of Legislators; B. Drawing (and Redrawing) Legislative Districts; 1. The Growth of Gerrymandering
  • 2. Federal Constitutional and Statutory Constraints3. State Constraints on Redistricting Processes; C. Conducting Legislative Elections; 1. Who Votes?-Towards Universal Suffrage; 2. General Election Processes; 3. Primary Election Processes; 4. Filling Legislative Vacancies: Appointments and Special Elections; 5. Resolving Disputed Elections; D. Legislative Term Limits; 1. The Justification for Legislative Term Limits; 2. Types of State Legislative Term Limits; 3. Impacts of Legislative Term Limits; Chapter 4. Campaign Financing, Lobbying, and Bribery: The Impact of Money in Politics
  • A. Campaign Finance Regulation1. The Role of Money in Legislative Races; 2. Why Regulate Campaign Financing?; 3. Specific Efforts to Regulate Campaign Financing; 4. The Contemporary Debate; B. Lobbying and Its Regulation; 1. Direct and Indirect Lobbying; 2. Early Efforts to Regulate Lobbying: The Federal Regulation of Lobbying Act of 1946; 3. The Burgeoning of an Industry; 4. The Federal Lobbying Disclosure Act of 1995; 5. Contemporary Lobbying Practice; C. Other Anti-Corruption Measures; 1. Bribery and Unlawful Gratuity Prohibitions; 2. Conflict of Interest Rules and Ethics Measures
Dimensions
unknown
Extent
1 online resource
Form of item
online
Isbn
9781628102109
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
West Academic
Specific material designation
remote
Stock number
  • 1004993
  • 62E43E17-73D9-4BAB-8EF1-3ED9EA4B1C91
System control number
  • (OCoLC)981964588
  • (OCoLC)ocn981964588
Label
Legislation and regulation in a nutshell, Steven F. Huefner
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Intro; Acknowledgments; Table of Cases; Introduction Why Study Legislation and Regulation?; PART 1 UNDERSTANDING LEGISLATURES AND AGENCIES; Chapter 1. Sources and Hierarchy of Lawmaking Authority 9; A. Constitutional Democracy: Lawmaking Authority Derives from the People; 1. The United States Constitution; 2. State Constitutions; 3. Local Governments; B. From Constitutions to Legislatures: Legislative Structures and Limitations; 1. Constitutional Structures of Congress; 2. Constitutional Structures of State Legislatures; 3. Constitutional Limits on Congressional Legislation
  • 4. Constitutional Limits on State LegislationC. From Legislatures to Agencies: Delegation of Lawmaking Authority; Chapter 2. The Nature of Democratic Representation 35; A. Conceptions of the Role of the Legislator; 1. Legislators as Agents; 2. Legislators as Trustees; 3. Hybrid Conceptions of the Legislator's Role; 4. Legislators as Constituting a Collective Microcosm, a Portrait-in-Miniature; B. Conceptions of the Role of the Legislature; 1. Classical Liberal or Pluralist Conceptions; 2. Republican Conceptions; 3. Critical Theories
  • C. Perspectives on the Operation of the Administrative State1. Lawmaking Procedures as Hurdles to Overcome; 2. Government as the Locus of Interest Group Bargaining; 3. The Impact of Institutional Dynamics on Lawmaking; Chapter 3. Electoral Structures, or How American Legislatures Are Populated; A. Qualifications to Serve as Legislators; 1. Eligibility to Serve in Congress; 2. Eligibility to Serve in State Legislatures; 3. Judging Members' Qualifications; 4. Discipline of Legislators; B. Drawing (and Redrawing) Legislative Districts; 1. The Growth of Gerrymandering
  • 2. Federal Constitutional and Statutory Constraints3. State Constraints on Redistricting Processes; C. Conducting Legislative Elections; 1. Who Votes?-Towards Universal Suffrage; 2. General Election Processes; 3. Primary Election Processes; 4. Filling Legislative Vacancies: Appointments and Special Elections; 5. Resolving Disputed Elections; D. Legislative Term Limits; 1. The Justification for Legislative Term Limits; 2. Types of State Legislative Term Limits; 3. Impacts of Legislative Term Limits; Chapter 4. Campaign Financing, Lobbying, and Bribery: The Impact of Money in Politics
  • A. Campaign Finance Regulation1. The Role of Money in Legislative Races; 2. Why Regulate Campaign Financing?; 3. Specific Efforts to Regulate Campaign Financing; 4. The Contemporary Debate; B. Lobbying and Its Regulation; 1. Direct and Indirect Lobbying; 2. Early Efforts to Regulate Lobbying: The Federal Regulation of Lobbying Act of 1946; 3. The Burgeoning of an Industry; 4. The Federal Lobbying Disclosure Act of 1995; 5. Contemporary Lobbying Practice; C. Other Anti-Corruption Measures; 1. Bribery and Unlawful Gratuity Prohibitions; 2. Conflict of Interest Rules and Ethics Measures
Dimensions
unknown
Extent
1 online resource
Form of item
online
Isbn
9781628102109
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
West Academic
Specific material designation
remote
Stock number
  • 1004993
  • 62E43E17-73D9-4BAB-8EF1-3ED9EA4B1C91
System control number
  • (OCoLC)981964588
  • (OCoLC)ocn981964588

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