Using And Misusing Legislative History

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: Up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes In-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades Comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct Consideration of various proposals for reforming the federal law-making process Professors and students will benefit from: The detailed descriptions of the law-making process within Congress Comprehensive analysis of the relative scope of major congressional powers Inside accounts of legislative activities, including committee and subcommittee work The use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures

Justice Scalia has derided the use of legislative history as 'the equivalent of entering a crowded cocktail party and looking over the heads of the guests for one's friends.' In 'Using Legislative History in American Statutory Interpretation', Dr. Christian Mammen defends the use of legislative history and argues against the traditional link between legislative history and legislative intentions. Instead, he endorses the use of legislative history for its ability to provide expert analysis of information about the statutory context. Additionally, he addresses the judicial practice of using legislative history to discover what courts have called 'legislative intention.'

Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.