COURSE DESCRIPTION 2012 2013

Legislation: Process, Drafting, and Interpretation

Prof. David C. Yamada,

3 credits day; 3 credits evening.

This course provides a substantive introduction to the legislative process, legislative drafting, and statutory interpretation. It also covers, to a lesser extent, related topics of administrative law, election law, and direct democracy. It assumes a basic familiarity with American government and politics. Evaluation will be via a short term paper and a take-home essay examination.

Elective Course

Take Home Exam Required

Legislative Process and Statutory Interpretation

Mr. TBA, Hon. John Greaney (Ret.),

2 credits day; 2 credits evening. Text: As yet unselected, but likely Bill Eskridge‘s text – ―Legislation and Statutory Interpretation‖. Grades: Based on class discussion and a required 20- page research paper on a topic approved by the professor.

This course will focus on the process of drafting, enacting and interpreting legislation. We shall discuss why we are in an age of statutes, who actually drafts statutes and how the drafters go about doing so, the functions and procedures of legislative and committees, and the enactment process. There also will be examination of the ―peoples‘ process‖ through the use of the initiative and referendum procedures and constitutional (and other) limitations imposed on legislation by the judiciary. We shall spend time on the ―Civil War of Interpretation‖ – canons booming north and canons booming south‖ – all in an effort to clarify, and apply, statutes when the plain meaning is less than obvious. We will hear, and learn, from guest speakers involved in creating, and applying, statutes.

Elective Course