29 books match the query 'Interpretation and construction'
Paul F. Campos, Pierre Schlag, and Steven D. Smith
Duke University Press, 1996
Edward H. Levi
University of Chicago Press, 1962
Edward H. Levi
University of Chicago Press, 2013
Neal Devins and Keith E. Whittington, eds.
Duke University Press, 2005
Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.
Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
Grégoire Mallard
University of Chicago Press, 2014
Lawrence Rosen
University of Chicago Press, 2018
Devin J Stewart
University of Utah Press, 2007
Jacob Neusner
University of Chicago Press, 1995

Gordon L. Clark
University of Chicago Press, 1985
Edited by Brian G. Slocum and Francis J. Mootz III
University of Chicago Press, 2019
Peter M. Tiersma
University of Chicago Press, 1999

Kyoko Inoue
University of Chicago Press, 1991
Ronen Shamir
Duke University Press, 1995
Haider Ala Hamoudi
University of Chicago Press, 2013
Brian G. Slocum
University of Chicago Press, 2015
Lief H. Carter, Thomas F. Burke and Jessica Silbey
University of Chicago Press, 2026
An indispensable introduction to legal reasoning, updated for today’s political and legal environment.
Since it was first published nearly five decades ago, Reason in Law has become the starting point for understanding legal reasoning, a critical component of the rule of law. The editors show how judges can integrate all the elements of a case to persuasively explain their rulings—and, even more importantly, why they sometimes fail to do so. Drawing on cases old and new, Reason in Law enables readers to become sophisticated “judges of judging.”
Now in its tenth edition, Reason in Law includes a new chapter on the increasingly contentious and politically consequential field of administrative law and addresses recent developments in the American legal landscape, including growing conservatism in the federal judiciary and the flood of lawsuits brought against the second Trump administration. It also analyzes new cases on the First Amendment rights of high schoolers, transgender civil rights, the responsibilities universities have for student safety, Donald Trump’s sweeping claims of executive power, and historic Supreme Court decisions expanding the rights of gun owners and allowing states to criminalize abortion. As always, Reason in Law connects legal theory with empirical research on the American judicial system, showing how trustworthy legal reasoning helps preserve social peace and the rule of law.
Lief H. Carter and Thomas F. Burke
University of Chicago Press, 2016
Larry Yackle
University of Chicago Press, 2007
Catherine L. Langford
University of Alabama Press, 2018
William D. Popkin
Duke University Press, 1999
Moshe Halbertal
SBL Press, 2020
A systematic attempt to understand the rabbinic world through its approach to confronting uncertainty
In the history of halakhah, the treatment of uncertainty became one of the most complex fields of intense study. In his latest book, Moshe Halbertal focuses on examining the point of origin of the study of uncertainty in early rabbinic literature, including the Mishnah, Tosefta, and halakhic midrashim. Halbertal explores instructions concerning how to behave in situations of uncertainty ranging from matters of ritual purity, to lineage and marriage, to monetary law, and to the laws of forbidden foods. This examination of the rules of uncertainty introduced in early rabbinic literature reveals that these rules were not aimed at avoiding but rather at dwelling in the midst of uncertainty, thus rejecting the sectarian isolationism that sought to minimize a community’s experience of and friction with uncertainty.
Features:
David P. Currie
University of Chicago Press, 1997
Pierre Schlag
Duke University Press, 1998
Raphael Sealey
University of Michigan Press, 1994
Lawrence M. Solan
University of Chicago Press, 2010
Pulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area. Here, Lawrence M. Solan argues that statutory interpretation is alive, well, and not in need of the major overhaul that many have suggested. Rather, he suggests, the majority of people understand their rights and obligations most of the time, with difficult cases occurring in circumstances that we can predict from understanding when our minds do not work in a lawlike way.
Solan explains that these cases arise because of the gap between our inability to write crisp yet flexible laws on one hand and the ways in which our cognitive and linguistic faculties are structured on the other. Making our lives easier and more efficient, we’re predisposed to absorb new situations into categories we have previously formed—but in the legislative and judicial realms this can present major difficulties. Solan provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable.
Edited by Brian G. Slocum
University of Chicago Press, 2017
Bernard G Weiss
University of Utah Press, 2011
Weiss’s new introduction provides an overview of Amidi’s jurisprudence that facilitates deeper comprehension of the challenging dialectic of the text. This edition includes an in-depth analysis of the nature of language and the ways in which it mediates the law, while shaping it at the same time. An updated index has been added.
Bernard G Weiss
University of Utah Press, 1992
Leo Katz
University of Chicago Press, 2011
Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?
Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.
The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.