Statutory law Research Papers - Academia.edu (original) (raw)

The traditional legislative process is dead in the U.S. Statutes are increasingly long and complex omnibus efforts rushed through at the end of congressional sessions. Yet American statutory interpretation remains largely unchanged, with... more

The traditional legislative process is dead in the U.S. Statutes are increasingly long and complex omnibus efforts rushed through at the end of congressional sessions. Yet American statutory interpretation remains largely unchanged, with judges generally uninterested in the realities of the legislative process, despite claiming our dominant interpretive approach reflects Congress or is in conversation with it. Omnibus statutes pose challenges for judges who read statutes with assumptions of linguistic perfection and consistency—as American judges do—and the truncated legislative process results in more gaps and mistakes, problems that lack coherent doctrinal approaches in our courts. And American judges have never been willing to strike down federal statutes for lack of deliberation or process, preferring instead indirect nudges toward more “due process in lawmaking.” This chapter documents the rise of unorthodox modern lawmaking in the U.S., including omnibus lawmaking, and details its causes, costs and benefits. These developments are not unmitigated negatives; they are adaptations to the changing complexities of the American political system. It has been 50 years since the last congressional reorganization and another revolution may be coming. There is a burgeoning legal movement among scholars and some American jurists, including several Supreme Court justices, to bring understanding of the legislative process, and how it has changed, into our theories and doctrines of statutory interpretation.

The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance... more

The importance and contribution of derivative litigation to the effectiveness and credibility of a jurisdiction's corporate governance system is indisputable. There is a positive correlation between good corporate governance practices, which include shareholders’ rights, and investors’ return on their investments. On the one hand, an overly pro-shareholder derivative scheme is vulnerable to abuse and results in unnecessary interference with company management. This may, in turn, discourage directors from entrepreneurial risk-taking and undermine enterprise efficiency. On the other hand, a complex and ineffective system of derivative litigation protects errant directors and decreases investor confidence. This article is a critical assessment of Zimbabwe's recently adopted statutory derivative remedy. The analysis focuses on five locus standi-related aspects of the new statutory derivative regime. The article highlights some major weaknesses within Zimbabwe's statutory rem...

In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he chooses. However, when he dies, limits have been put upon that freedom by legislation in some states of the country, when he has made a will... more

In Nigeria, a person when alive often has the freedom to dispose of his property to whomever he chooses. However, when he dies, limits have been put upon that freedom by legislation in some states of the country, when he has made a will concerning the disposition of his estate. These restrictions to testamentary freedom are often justified on cultural, religious, moral and social grounds. This paper appraises these limits to testamentary freedom in Nigeria, while comparing it with the positions in England, Ghana and South Africa. The question as to whether or not the limitations to testamentary freedom are justified is also considered in the paper. The paper finds that some limitations whilst worthy ideals and thus justified, could bring about unrealistic and impracticable results while some totally take away freedom from the testator. The paper recommends that a balance between the wishes of the testator and following the strict letter of the statutes as to the limitations be found...

This is the Methods Appendix detailing the study design for Abbe R. Gluck & LIsa Schultz Bressman, Statutory Interpretation from the Inside, Parts I and II (65 Stan L. Rev. 901 (2013) and 66 Stan. L. Rev. -- (forthcoming 2014).The... more

This is the Methods Appendix detailing the study design for Abbe R. Gluck & LIsa Schultz Bressman, Statutory Interpretation from the Inside, Parts I and II (65 Stan L. Rev. 901 (2013) and 66 Stan. L. Rev. -- (forthcoming 2014).The paper "Statutory Interpretation from the Inside -- An Empirical Study of Congressional Drafting, Delegation and the Canons: Part I" to which these Appendices apply is available at the following URL: http://ssrn.com/abstract=2244952