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Preemption Choice

Preemption Choice Author William W. Buzbee
ISBN-10 9781139474818
Release 2008-12-15
Pages
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This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.



The SAGE Handbook of Public Administration

The SAGE Handbook of Public Administration Author B Guy Peters
ISBN-10 9781473971134
Release 2012-08-16
Pages 816
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The original Handbook of Public Administration was a landmark publication, the first to provide a comprehensive and authoritative survey of the discipline. The eagerly-awaited new edition of this seminal international handbook continues to provide a complete review and guide to past and present knowledge in this essential field of inquiry. Assembling an outstanding team of scholars from around the world, the second edition explores the current state-of-the-art in academic thinking and the current structures and processes for the administration of public policy. The second edition has been fully revised and updated, with new chapters that reflect emerging issues and changes within the public sector: - Identifying the Antecedents in Public Performance - Bureaucratic Politics - Strategy Structure and Policy Dynamics - Comparative Administrative Reform - Administrative Ethics - Accountability through Market and Social Instruments - Federalism and intergovernmental coordination. A dominant theme throughout the handbook is a critical reflection on the utility of scholarly theory and the extent to which government practices inform the development of this theory. To this end it serves as an essential guide for both the practice of public administration today and its on-going development as an academic discipline. The SAGE Handbook of Public Administration remains indispensable to the teaching, study and practice of public administration for students, academics and professionals everywhere.



The EU after Lisbon

The EU after Lisbon Author Lucia Serena Rossi
ISBN-10 9783319045917
Release 2014-06-25
Pages 317
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The book contains a collection of high-quality academic and expert contributions dealing with the central question of whether the Lisbon Treaty needs further revision. Due to the difficulties European Union actors have encountered in implementing the Lisbon Treaty’s reform and the inadequacies of the current legal framework brought to light by post-Lisbon practice, the volume focuses on possible innovations and functional approaches to improve the Union’s response to the challenges confronting it. In doing so, the volume first takes a horizontal approach to the Treaty’ revision and considers some constitutional features showing the interaction between the EU and its Member States (namely, the parameters of constitutional developments, the allocation of competences, the principles of solidarity and loyal cooperation). Then, the focus shifts to the question of fundamental rights within the EU’s constitutional framework, one of the most relevant innovations of the Lisbon Treaty being the incorporation of the Charter of Fundamental Rights into the Union’s primary law. The last part of the volume is devoted to another domain significantly reshaped by the Lisbon reform, namely, the Union’s external dimension. ECJ Advocate General Paolo Mengozzi’s conclusions highlight the common themes emerging from the various contributions, stressing the need for a more general supranational approach to the political crisis the Union is going through. The content of this book will be of great value to academics, students, judges, practitioners and all others interested in the legal discourse on the progressive development of the European Union legal order.



Comparative Federalism

Comparative Federalism Author Thomas O. Hueglin
ISBN-10 9781442607224
Release 2015
Pages 400
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Comparative Federalism: A Systematic Inquiry, Second Edition is a uniquely comprehensive, analytic, and genuinely comparative introduction to the principles and practices, as well as the institutional compromises, of federalism. Hueglin and Fenna draw from their diverse research on federal systems to focus on four main models--America, Canada, Germany, and the European Union--but also to range widely over other cases. At the heart of the book is careful analysis of the relationship between constitutional design and amendment, fiscal relations, institutional structures, intergovernmental relations, and judicial review. Such analysis serves the dual role of helping the reader understand federalism and providing a comparative framework from which to assess the record of federal systems. The second edition has been extensively revised and updated, taking into account new developments in federal systems and incorporating insights from the growing body of literature in the field. It includes two new chapters, "Fiscal Federalism" and "The Limits of Federalism."



Social Ecological Resilience and Law

Social Ecological Resilience and Law Author Ahjond S. Garmestani
ISBN-10 9780231536356
Release 2014-02-25
Pages 384
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Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.



The Preemption War

The Preemption War Author Thomas O. McGarity
ISBN-10 9780300152203
Release 2014-05-14
Pages 367
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Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.



Fighting Westway

Fighting Westway Author William W. Buzbee
ISBN-10 9780801470301
Release 2014-04-03
Pages 313
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From 1971 to 1985, battles raged over Westway, a multibillion-dollar highway, development, and park project slated for placement in New York City. It would have projected far into the Hudson River, including massive new landfill extending several miles along Manhattan’s Lower West Side. The most expensive highway project ever proposed, Westway also provoked one of the highest stakes legal battles of its day. In Fighting Westway, William W. Buzbee reveals how environmentalists, citizens, their lawyers, and a growing opposition coalition, despite enormous resource disparities, were able to defeat this project supported by presidents, senators, governors, and mayors, much of the business community, and most unions. Although Westway’s defeat has been derided as lacking justification, Westway’s critics raised substantial and ultimately decisive objections. They questioned claimed project benefits and advocated trading federal Westway dollars for mass transit improvements. They also exposed illegally disregarded environmental risks, especially to increasingly scarce East Coast young striped bass often found in extraordinarily high numbers right where Westway was to be built. Drawing on archival records and interviews, Buzbee goes beyond the veneer of government actions and court rulings to illuminate the stakes, political pressures, and strategic moves and countermoves that shaped the Westway war, a fight involving all levels and branches of government, scientific conflict, strategic citizen action, and hearings, trials, and appeals in federal court. This Westway history illuminates how high-stakes regulatory battles are fought, the strategies and power of America’s environmental laws, ways urban priorities are contested, the clout of savvy citizen activists and effective lawyers, and how separation of powers and federalism frameworks structure legal and political conflict. Whether readers seek an exciting tale of environmental, political, and legal conflict, to learn what really happened during these battles that transformed New York City, or to understand how modern legal frameworks shape high stakes regulatory wars, Fighting Westway will provide a good read.



The 2007 Randolph W Thrower Symposium

The 2007 Randolph W  Thrower Symposium Author Emory University. School of Law
ISBN-10 STANFORD:36105063770080
Release 2007
Pages 310
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The 2007 Randolph W Thrower Symposium has been writing in one form or another for most of life. You can find so many inspiration from The 2007 Randolph W Thrower Symposium also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The 2007 Randolph W Thrower Symposium book for free.



H R 1346 the Medical Device Safety Act of 2009

H R  1346  the Medical Device Safety Act of 2009 Author
ISBN-10 MINN:31951D03526861A
Release 2011
Pages 136
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H R 1346 the Medical Device Safety Act of 2009 has been writing in one form or another for most of life. You can find so many inspiration from H R 1346 the Medical Device Safety Act of 2009 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full H R 1346 the Medical Device Safety Act of 2009 book for free.



The 2008 Randolph W Thrower Symposium

The 2008 Randolph W  Thrower Symposium Author Emory University. School of Law
ISBN-10 STANFORD:36105063783356
Release 2008
Pages 298
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The 2008 Randolph W Thrower Symposium has been writing in one form or another for most of life. You can find so many inspiration from The 2008 Randolph W Thrower Symposium also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The 2008 Randolph W Thrower Symposium book for free.



Federalism and the Tug of War Within

Federalism and the Tug of War Within Author Erin Ryan
ISBN-10 9780199737987
Release 2012-01-12
Pages 398
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As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.



What Does Our Legal System Owe Future Generations

What Does Our Legal System Owe Future Generations Author
ISBN-10 STANFORD:36105063784883
Release 2009
Pages 538
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What Does Our Legal System Owe Future Generations has been writing in one form or another for most of life. You can find so many inspiration from What Does Our Legal System Owe Future Generations also informative, and entertaining. Click DOWNLOAD or Read Online button to get full What Does Our Legal System Owe Future Generations book for free.



Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields Author
ISBN-10 STANFORD:36105134444236
Release 2009
Pages
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Current Publications in Legal and Related Fields has been writing in one form or another for most of life. You can find so many inspiration from Current Publications in Legal and Related Fields also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Publications in Legal and Related Fields book for free.



The British National Bibliography

The British National Bibliography Author Arthur James Wells
ISBN-10 STANFORD:36105211722678
Release 2009
Pages
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The British National Bibliography has been writing in one form or another for most of life. You can find so many inspiration from The British National Bibliography also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The British National Bibliography book for free.



Hart and Wechsler s The Federal Courts and The Federal System 2008

Hart and Wechsler s The Federal Courts and The Federal System  2008 Author Richard H. Fallon
ISBN-10 1599414716
Release 2008-07-01
Pages 295
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This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.



Federal Preemption

Federal Preemption Author Richard Allen Epstein
ISBN-10 UOM:49015003403533
Release 2007
Pages 362
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This book considers federalism's constitutional basis and its practical applications.



Introducing Democracy

Introducing Democracy Author David Beetham
ISBN-10 0745615198
Release 1995-12-04
Pages 160
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This textbook, specially commissioned by UNESCO, addresses eighty of the most pressing questions about democracy today.