LEGISLATION
University of Missouri Law School
Spring 2016
Prof. John Wright
Course Materials
1.
Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy,
(American Casebook Series) 5th Edition, by William Eskridge Jr, Philip Frickey, Elizabeth
Garrett, James Brudney. ISBN: 978-1-62810-173-7
2.
Legislation and Statutory Interpretation, (Concepts and Insights) 2nd Edition, by William
Eskridge Jr, Philip Frickey, Elizabeth Garrett. ISBN-13: 978-1-59941-078-4.
3.
Law, Legislation, & Liberty – Volume I (Rules & Order), Friedrich Hayek (1983). ISBN: 0226-32086-3
4.
The Big Sort, Bill Bishop (2008). ISBN: 978-0-547-23772-5
Course Outline
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
Introduction: Natural vs. Positive Law, Overview of the Course
Theories of Statutory Interpretation: Introduction & History
Theories of Statutory Interpretation: Current Debates
Legislative Process: Federal Case Study (The Civil Rights Act of 1964)
Legislative Process: Missouri State Legislature
Statutory Interpretation: Textual Canons
Statutory Interpretation: Whole Act Rule, Super-Strong Stare Decisis
Statutory Interpretation: Substantive Canons
Statutory Interpretation: Extrinsic Sources
Statutory Interpretation: Extrinsic Sources
Role of Agency Interpretations: Chevron
Electoral Process (Part A)
a. Microtargeting
b. Gerrymandering
c. Demographics
Electoral Process (Part A)
a. Campaign Finance
b. Lobbying
Direct Democracy: Initiative & Referendum
Contemporary Themes in Missouri Politics & Policy
Grading
The grade for this class will be based on the final examination (80%), class participation (10%), and a
series of short writing assignments during the semester (10%). The final exam will be a 24-hour takehome assignment will be distributed on Thursday, May 12. Weekly attendance is mandatory.
Disabilities
If you anticipate barriers related to the format or requirements of this course, if you have emergency
medical information to share, or if you need to make arrangements in case the building must be
evacuated, please talk with Dean Mitchell or Denise Boessen as soon as possible. If disability related
accommodations are necessary (for example, a note taker, extended time on exams, captioning), please
register with the Office of Disability Services (http://disabilityservices.missouri.edu), S5 Memorial
Union, 573- 882-4696, and then contact Dean Wells or Denise Boessen, who will notify me of your
eligibility for reasonable accommodations. For other MU resources for students with disabilities, click on
"Disability Resources" on the MU homepage.
Intellectual Pluralism
The School of Law community welcomes intellectual diversity and respects student rights. Students who
have questions concerning the quality of instruction in this class may address concerns to either the Dean
or Director of the Office of Student Rights and Responsibilities (http://osrr.missouri.edu). All students
will have the opportunity to submit an anonymous evaluation of the instructor at the end of this course.