Preemption Choice

Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Format: PDF
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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

Author: B Guy Peters
Publisher: SAGE
ISBN: 1473971136
Format: PDF, Docs
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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

Author: Lucia Serena Rossi
Publisher: Springer
ISBN: 3319045911
Format: PDF, Mobi
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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.

The U S Supreme Court and New Federalism

Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 0742535045
Format: PDF, ePub
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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

Comparative Federalism

Author: Thomas O. Hueglin
Publisher: University of Toronto Press
ISBN: 144260722X
Format: PDF, Kindle
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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."

Federalism A Reference Guide to the United States Constitution

Author: Vicki C. Jackson
Publisher: ABC-CLIO
ISBN: 1440829969
Format: PDF
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This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. • Provides historical information in a clear, chronological order • Enables law students and lawyers to improve their understanding of the legal doctrines that underlie today's conflicts. • Documents the relationships among different doctrines across particular time periods

Social Ecological Resilience and Law

Author: Ahjond S. Garmestani
Publisher: Columbia University Press
ISBN: 0231536356
Format: PDF, ePub, Docs
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Environmental law envisions ecological systems as existing in an equilibrium state, or a "balance of nature," reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning 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

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300152205
Format: PDF, Kindle
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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.