Plain English for Drafting Statutes and Rules (2012)
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Take advantage of the author’s combined 75 years of experience drafting constitutionalProvisions, federal and state statues, administrative and court rules, and local laws, as well as Professor Martineau's 30 years spent developing courses in legislative drafting and teaching Plain English drafting to law students and professional drafters.
Critical coverage for drafters and students, seasoned professionals and beginners alike, this practical lawyering skills book is replete with coverage of:
• Principles and rules governing sentence structure )
• A full description of the legislative and rule making process, statutory interpretation, and the formal requirements for both statutes and rules at the federal, state, and local levels
• All aspects of the drafting process from original idea to enactment or adoption
• Guides for tabulation, definitions, and other aspects of statutory and rule drafting
• Chapters on rules governing the structure of a bill or regulation
While initially designed for course use, Plain English for Drafting Statues and Rules will prove invaluable to anyone involved in this area, including:
• Any person, lawyer or non-lawyer, with responsibility for drafting a law (constitutional provision, federal or state statute, or local government charter or ordinance) or a rule. )
• Legal professionals with the aforementioned responsibility who work in private practice.
• Attorneys who work for a government body that enacts legislation or adopts rules, including legislative drafting agencies and municipal attorneys.
The Teacher's Manual for Plain English for Drafting Statutes and Rules contains a series of poor drafting examples of each type of drafting error to be given to students to improve. The Manual then contains the authors' approach to improving each example.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
Table of Contents
PART I WHY STATUTORY AND RULE DRAFTING IS SO POOR AND HOW TO IMPROVE IT
CHAPTER 1. THE NEVER ENDING STRUGGLE
PART II: THE SPECIAL ENVIRONMENT OF DRAFTING STATUTES AND RULES
CHAPTER 2. HOW STATUTES GET MADE IN A LEGISLATIVE BODY
CHAPTER 3. FEDERAL ADMINISTRATIVE AND COURT
CHAPTER 4. STATE RULEMAKING
CHAPTER 5. STATUTES AND RULES IN THE COURTS
PART III: CONSTITUTIONAL AND LEGISLATIVE RULES
GOVERNING STRUCTURE OF A BILL
CHAPTER 6. MANDATORY FORM AND LANGUAGE .
CHAPTER 7. ARRANGEMENT OF BILL SECTIONS
PART IV. PRINCIPLES OF DRAFTING STATUTES AND RULES IN PLAIN ENGLISH
CHAPTER 8. THE EFFECT OF STRUCTURE AND STYLE ONSUBSTANCE
CHAPTER 9. THE DRAFTING PROCESS
CHAPTER 10. PLAIN ENGLISH PRINCIPLES ON WORD CHOICE
CHAPTER 11. AMBIGUOUS AND OTHER TROUBLESOME WORDS
CHAPTER 12. PLAIN ENGLISH PRINCIPLES AND RULES ON DRAFTING A SENTENCE
CHAPTER 13. RULES ON DRAFTING SPECIFIC PROVISIONS OR
Appendix: EXAMPLES OF BILLS AND ORDINANCE