Legislative drafter's deskbook : a practical guide (Book, 2006) [WorldCat.org]
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Legislative drafter's deskbook : a practical guide

Author: Tobias A Dorsey
Publisher: Alexandria, VA : TheCapitol.Net, 2006.
Series: Legislative series (Alexandria, Va.)
Edition/Format:   Print book : EnglishView all editions and formats

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Document Type: Book
All Authors / Contributors: Tobias A Dorsey
ISBN: 9781587330155 1587330156
OCLC Number: 71010598
Description: xviii, 618 pages : facsimiles ; 27 cm.
Contents: Being a drafter --
Understanding how laws are made --
Considering the courts: statutory interpretation --
Thinking through the policy --
Choosing the right measure --
Writing effectively --
Organizing and arranging --
Using the right style --
Affecting and amending other laws --
Working in, and working with, the Executive branch --
Series Title: Legislative series (Alexandria, Va.)
Responsibility: by Tobias A. Dorsey.

Table of Contents:

by TheCapitol.Net (WorldCat user on 2007-03-30)

Chapter 1. Being a Drafter section title 1.00 Introduction 1.10 The Essence of Drafting 1.11 The Drafter and the Policymaker 1.12 How Policy Can Influence Drafting 1.13 How Drafting Can Influence Policy 1.20 The Drafting Process 1.30 Professional Obligations 1.31 Drafting by Attorneys and by Non-Attorneys 1.40 Attributes Important to Drafting 1.41 Knowledge 1.42 Skills 1.43 The "Legislative Counsel Type" 1.50 Resources Important to Drafting back to top Chapter 2. Understanding How Laws Are Made section title 2.00 Introduction 2.10 Organization and Operation of Congress 2.11 Congress from Term to Term 2.12 Functions of Congress 2.13 Committees 2.14 Clerks 2.15 Parliamentarians 2.16 Offices of Legislative Counsel 2.17 Law Revision Counsel 2.20 The Legislative Process in Congress 2.21 Introducing a Bill 2.22 Number, Referral, and First Print 2.23 Hearings and Markups: Overview 2.24 Subcommittee Action 2.25 Full Committee Action 2.26 Floor Proceedings 2.30 Actions in Other Chamber 2.31 Resolving Differences by Amendment or Conference 2.40 Enrollment 2.41 Last-Minute Corrections 2.50 Executive Action 2.51 Presentment to the President 2.52 Approval (or Disapproval) 2.60 Publishing the Law 2.61 Public Law Number 2.62 Slip Law 2.63 Statutes at Large 2.70 Compilations 2.80 The United States Code 2.81 The Revised Statutes of 1873 2.82 The Revised Statutes of 1878 2.83 Positive Law and Non-Positive Law 2.84 Origin of the Code as Non-Positive Law 2.85 Editorial Changes 2.86 General and Permanent Law 2.87 Organization into Titles 2.88 Enactment of Titles into Positive Law 2.89 Codification and Classification of New Laws 2.90 Resolving Conflicts among Published Versions of Law back to top Chapter 3. Considering the Courts: Statutory Interpretation section title 3.00 Introduction 3.01 Courts: The Most Important Audience 3.02 What Kind of Judge? 3.10 Judicial Power and Legislative Supremacy 3.11 The Power to Interpret 3.12 Making Congress Follow the Techniques 3.13 Tensions between Courts and Congress over Interpretation 3.14 Efforts by Congress to Regulate Interpretation 3.20 The Overriding Goal: Determine the Intent of Congress 3.21 Rules of Thumb, Not Rules of Law 3.22 Three Common Theories (Intentionalism, Textualism, and Pragmatism) and Their Limitations 3.23 The Plain Meaning Rule 3.24 The Meaning of "Plain Meaning" 3.25 The Consequences of Plain Meaning 3.26 When Plain Meaning Is Not Enforced 3.27 When There Is No Plain Meaning 3.30 Reading the Text of the Statute 3.31 Reading the Text of the Statute 3.32 Derive Meaning from Context 3.33 Assume Words Are Used Consistently 3.34 Assume Each Word Is Used for a Reason 3.35 Assume the Provisions Form a Coherent Whole 3.36 Purposes, Findings, Titles, and Headings 3.37 Grammar and Punctuation 3.38 Placement in Code 3.40 Considering Other Statutes 3.41 Related Statutes 3.42 General Federal Laws 3.43 Earlier Versions of the Same Statute 3.44 Resolving Conflicts between Statutes 3.50 Considering Constitutional Issues 3.51 Avoiding Serious Constitutional Problems 3.52 When the Court Requires Clear Statements 3.53 When the Court Requires Specific Findings 3.60 Actions by the President and Other Executive Officers 3.61 Presidential Signing Statements 3.62 Agency Interpretation and Chevron Deference 3.70 Actions by the Congress and Other Legislative Officers 3.71 Interpretation of Appropriations Acts 3.72 Legislative History: Why It Is Problematic 3.73 Legislative History Compared with Post-Enactment Statements 3.74 Legislative History Compared with Subsequent Legislative History 3.75 Report Language 3.76 Individual Statements 3.77 Hearing Testimony 3.78 Amendatory History 3.79 The Opinion of the Drafter 3.80 Some Topics of Special Interest to Drafters 3.81 Definitions and Terms of Art 3.82 Narrow Interpretations and Broad Interpretations 3.83 Congress Does Not Mumble 3.84 How the Court Interprets a List 3.85 The Court's Reluctance to Imply Additional Exceptions 3.90 Conclusion back to top Chapter 4. Thinking Through the Policy section title 4.00 Introduction 4.10 The Perils of Ineffective Thinking 4.11 Problems of Application 4.12 Problems of Transition 4.13 Problems of Administration 4.14 Problems of Enforcement 4.15 Problems of Prediction 4.20 The Elements of Thinking Through the Policy 4.21 Engaging the Client 4.22 Figuring Out the Problem and the Objective 4.23 Asking for Details 4.24 Researching the Facts and Law 4.25 Analyzing Alternatives 4.26 Creating a Coherent Solution 4.27 Conducting a Reality Check 4.30 Two Ways to Test Legal Rules: The Actor-Action Model and the If-Then Model 4.31 The Actor-Action Model 4.32 The If-Then Model 4.33 Tools for Thinking, Not Writing 4.40 The Major Types of Legal Rules 4.41 Law Is a Vast System of Legal Rules 4.42 Rules of Command 4.43 Rules of Discretion 4.44 The Complex Interplay between Commands and Discretion 4.45 Rules of Stipulation 4.46 How the Types of Rules Can Overlap 4.47 Commands That Are Not Mandatory: Hortatory, Precatory, and Directory 4.48 Discretion That Is Not Unfettered 4.50 Considering the Constitution 4.51 Sources of Power 4.52 Limitations on Power 4.53 A Word of Caution 4.60 Parliamentary Issues 4.61 Budgetary Issues back to top Chapter 5. Choosing the Right Measure section title 5.00 Overview 5.10 Elements Common to All Measures 5.11 Designation and Number 5.12 Term and Session Identifier 5.13 Chamber Identifier 5.14 Sponsor and Referral Information 5.15 Long Title 5.16 Enacting Clause or Resolving Clause 5.17 Text or "Body" 5.18 Information Provided by Legislative Counsel 5.20 The Bill 5.21 What It Means to "Make Law": The Chadha Decision 5.22 Long Title 5.23 Enacting Clause 5.30 The Simple Resolution 5.31 Long Title 5.32 Resolving Clause 5.33 Text 5.40 The Concurrent Resolution 5.41 Long Title 5.42 Resolving Clause 5.43 Text 5.50 The Joint Resolution 5.51 Long Title 5.52 Resolving Clause 5.53 Text When Proposing a Constitutional Amendment back to top Chapter 6. Writing Effectively section title 6.00 Introduction 6.10 The Perils of Ineffective Writing 6.11 Ambiguity 6.12 Inconsistency 6.13 Arbitrariness 6.14 Vagueness 6.15 Over-Precision 6.16 Over-Generality and Under-Generality 6.17 Overbreadth 6.18 Poor Readability 6.19 Enactment by Reference 6.20 The Elements of Being Clear 6.21 Be Simple 6.22 Be Ordinary 6.23 Be Brief 6.24 Be Consistent 6.25 Be Readable 6.30 Use Plain English 6.31 Beware "Plain Language" 6.40 Drafting an Effective Sentence 6.41 Arrange Words with Care 6.50 The Action 6.51 Active Voice 6.52 Present Tense 6.53 Verbs That Are Vivid and Concrete 6.54 Indicative Mood 6.55 "Shall" and "May" 6.56 "Shall Not" and "May Not" 6.60 The Actor 6.61 Third Person 6.62 Singular Rather Than Plural 6.63 Articles Rather Than Indefinite Adjectives 6.64 Avoid Pronouns 6.65 Avoid Noun Chains 6.70 Punctuation 6.71 Use the Serial Comma 6.72 Include Punctuation when Amending Other Law 6.80 Start from Scratch if You Can 6.90 No Such Thing as a Perfect Draft back to top Chapter 7. Organizing and Arranging section title 7.00 Introduction 7.10 Choosing a Sequence 7.20 The Section 7.30 Subdividing a Section into Smaller Units 7.31 Referring to Smaller Units 7.32 Interlocked Units 7.33 Undesignated Units 7.40 Grouping Sections into Big Levels 7.50 Using Definitions 7.60 Arranging and Drafting Commonly Used Provisions 7.61 Short Title 7.62 Authorization of Appropriations 7.63 Severability and Non-severability 7.64 Applicability or Effective Date back to top Chapter 8. Using the Right Style section title 8.00 Introduction 8.10 The Style of the Early Congresses (Style of 1789) 8.20 Appropriations Style 8.30 Traditional Style 8.40 Revenue Style 8.50 Modified Revenue Style 8.60 Code Style 8.70 Variations and Mavericks back to top Chapter 9. Affecting and Amending Other Laws section title 9.00 Introduction 9.10 How Courts Reconcile Statutes 9.20 Repealing a Law 9.30 Amending a Law 9.31 The Cut-and-Bite Method (Striking and Inserting) 9.32 The Restatement Method (Amending to Read as Follows) 9.33 Writing Amendatory Instructions Effectively 9.34 Redesignations 9.35 The Ratification Doctrine 9.40 Affecting without Amending 9.41 Notwithstanding Any Other Provision of Law 9.50 Attempting to Bind Future Congresses 9.51 Attempting to Authorize Future Congresses 9.60 Referring to Other Law 9.61 Incorporating Other Laws by Reference 9.70 Avoiding Damage to the Statute Book back to top Chapter 10. Working in, and Working with, the Executive Branch section title 10.00 Introduction 10.01 Drafters Who Are "More Than Drafters" 10.02 Drafters Who Draft Regulations 10.10 The Role of the President in Legislation 10.11 Agencies and Tensions within the Executive Branch 10.12 Ways in Which Agencies Interact with Congress 10.13 Who Is Your Client? 10.20 Overview of the Office of Management and Budget (OMB) 10.21 OMB's Organizational Units 10.22 OMB's Major Functions 10.30 Relationship between Legislative Proposals and Budget Submissions 10.31 The Annual Cycle (Circular No. A-11) 10.40 Legislative Coordination and Clearance (Circular No. A-19) 10.41 Submission of Legislative Program by Agency 10.42 Submission of Proposed Legislation by Agency 10.43 Coordination and Clearance of Proposed Legislation by OMB 10.44 Agencies with Legislative "Bypass" Authority 10.50 Choosing Strategies for Developing Proposals back to top APPENDICES Appendix One. The Impact of Information Technology on Drafting Appendix section title App. 1.00 Introduction App. 1.10 Instant Bills: The Impact of Information Technology (IT) on Legislative Drafting in Canada Appendix Two. Suggestions for Further Reading Appendix section title App. 2.00 Introduction App. 2.10 Books App. 2.20 Journals and Periodicals App. 2.30 Articles back to top Appendix Three. Useful Web Sites Appendix section title App. 3.00 Introduction App. 3.10 Federal Drafting Offices and Related Sites App. 3.20 State and Local Drafting Offices and Related Sites App. 3.30 Foreign and Multinational Drafting Offices and Related Sites App. 3.40 Manuals and Guides App. 3.50 Non-Governmental Organizations App. 3.60 Other Online Resources Appendix Four. The Legislative Process--A Working Example Appendix section title App. 4.00 Introduction App. 4.10 Federal Drafting Offices and Related Sites App. 4.11 Bill as Introduced in the House App. 4.12 Bill as Reported App. 4.13 Banking and Financial Services Committee Report App. 4.14 Banking and Financial Services Committee Supplementary Report App. 4.15 Commerce Committee Report App. 4.16 Special Rule from the Rules Committee App. 4.17 Rules Committee Report App. 4.18 Statement of Administration Policy (House) App. 4.19 Legislation as Passed the House App. 4.110 Legislation as Received in the Senate App. 4.111 Legislation as Introduced in the Senate App. 4.112 Senate Committee Report App. 4.113 Statement of Administration Policy (Senate) App. 4.114 Legislation as Passed the Senate App. 4.115 Legislation Received in the House from the Senate App. 4.116 Side-by-Side Comparative Print App. 4.117 Conference Chair's Letter to Conferees App. 4.118 Conference Committee Amendment Proposed App. 4.119 Conference Report App. 4.120 Joint Explanatory Statement App. 4.121 Special Rule from the Rules Committee for Consideration of the Conference Report App. 4.122 Enrolled Measure App. 4.123 Public Law back to top Appendix Five. Positive Law and Non-Positive Law Appendix section title App. 5.00 Introduction App. 5.10 List of Titles of the United States Code App. 5.20 The Code as Positive Law: Title 1 App. 5.30 The Code as Non-Positive Law: Chapter 9 of Title 2 Appendix Six. Concerning Birds and Ponies, Poultry and Rabbits Appendix section title App. 6.00 Introduction App. 6.10 Regina v. Ojibway App. 6.20 The "Rabbit Bill" back to top Appendix Seven. The Federal Legislative Measures--Some Examples Appendix section title App. 7.00 Introduction App. 7.10 A Bill App. 7.20 A Private Bill App. 7.30 A Simple Resolution App. 7.40 A Concurrent Resolution App. 7.50 A Joint Resolution App. 7.60 A Joint Resolution Proposing a Constitutional Amendment Appendix Eight. The Federal Drafting Styles--Some Examples Appendix section title App. 8.00 Introduction App. 8.10 The Style of 1789 App. 8.20 Appropriations Style App. 8.30 Traditional Style App. 8.40 Revenue Style App. 8.50 Modified Revenue Style App. 8.60 Code Style back to top Appendix Nine. Executive Branch Materials Appendix section title App. 9.00 Introduction App. 9.10 OMB Circular No. A-19 App. 9.20 OMB Circular No. A-11 App. 9.30 Executive Order 12866 App. 9.40 Executive Order 12988 Appendix Ten. A Drafting Practicum Appendix section title App. 10.00 Introduction App. 10.10 Sample Letter to Drafter App. 10.20 Initial Draft App. 10.30 Discussion Draft Appendix Eleven. The Constitution of the United States Appendix section title App. 11.00 Introduction App. 11.10 The Constitution of the United States back to top BACK OF THE BOOK Table of Cases Table of Constitutional Provisions Table of Acts Table of Statutes at Large Table of Public Laws Table of U.S. Code Sections Table of Cases INDEX


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