Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
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Book Description
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.
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Michael S. Greve
Publisher: A E I Press
ISBN:
Category : Law
Languages : en
Pages : 388
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Book Description
When does federal law trump state law? The arcane topic of federal preemption has become the stuff of public debate and major news stories. The partisan lines are clearly drawn. On one side, consumer advocates, plaintiffs' attorneys, and state officials argue that broad federal preemption claims interfere with the states' historic police power to protect their citizens against corporate misconduct. On the other side, corporations and federal agencies maintain that preemption is a vital safeguard against unwarranted and inconsistent state interferences with the national economy and against aggressive trial lawyers and attorneys general. Fierce struggles along these lines dominate the political debate, judicial decisions, and legal commentary in a wide range of regulatory arenas, from financial regulation to automobile safety; from clean air laws to the regulation of telecommunications, energy, and other network industries; from securities law to consumer products standards; from pharmaceutical drugs to pesticides to outboard motors. In all these areas, billions of dollars hang on regulatory nuances and arcane points of legal interpretation. The preemption debate is also being waged in the shadow of broader, sometimes constitutional arguments concerning the role and utility of federalism and "states' rights" in a modern, highly mobile, integrated economy. Legal scholars are sharply divided over both the substance of those arguments and the extent to which they should dominate economic considerations or statutory language. What the preemption debate needs is an examination that reflects the delicate interplay between our constitutional structure and the details of specific regulations. In Federal Preemption: States' Powers, National Interests, Richard A. Epstein and Michael S. Greve, two leading scholars in the field of preemption, have assembled an exceptional group of prominent legal scholars and practicing attorneys for a probing analysis and spirited discussion of these difficult issues. The vo
Author: Michael W. Doyle
Publisher: Princeton University Press
ISBN: 1400829631
Category : Political Science
Languages : en
Pages : 200
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Book Description
Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.
Author: Robert J. Pauly
Publisher: Routledge
ISBN: 1351897616
Category : Political Science
Languages : en
Pages : 203
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Book Description
Placing the second US-Iraq conflict in the context of emerging trends in international relations, this exceptional, timely volume examines the broad framework of US policy toward Iraq under the administration of George W. Bush. The Second Iraq War marks the third time since 1991 that the United States has invaded a Muslim country, and this book details not only the specifics of the conflict, but the war's broad impact on US relations with Muslim states, both in a regional and global context. It analyzes the development of the previous US policy of containment to the new doctrine of preemption. The volume also: ¢ Examines the linkages between Al Qaeda's attacks on the United States on 11 September 2001 and the prosecution of the Second Iraq War. ¢
Author: George S. Day
Publisher: John Wiley & Sons
ISBN: 9780471689577
Category : Business & Economics
Languages : en
Pages : 484
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Book Description
Die Wharton Business School ist die älteste Institution ihrer Art in Amerika und eine der bestangesehenen der Welt. Ein Expertenteam aus fünf verschiedenen Fachgebieten in Wharton diskutiert hier eine der wichtigsten Fragen für ein Unternehmen der Gegenwart - die Sicherung der Wettbewerbsfähigkeit. Neueste Konzepte kreativer Strategien werden vorgestellt.
Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 433
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Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309305713
Category : Medical
Languages : en
Pages : 140
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Book Description
The Robert Wood Johnson Foundation asked the Institute of Medicine (IOM) to examine three topics in relation to public health: measurement, the law, and funding. IOM prepared a three book series-one book on each topic-that contain actionable recommendations for public health agencies and other stakeholders that have roles in the health of the U.S population. For the Public's Health: Revitalizing Law and Policy to Meet New Challenges is the second in the For the Public Health's Series, and reflects on legal and public policy reform on three levels: first, laws that establish the structure, duties, and authorities of public health departments; second, the use of legal and policy tools to improve the public's health; and third, the health effects of laws and policies from other sectors in and outside government. The book recommends that states enact legislation with appropriate funding to ensure that all public health departments have the mandate and the capacity to effectively deliver the Ten Essential Public Health Services. The book also recommends that states revise their laws to require public health accreditation for state and local health departments through the Public Health Accreditation Board accreditation process. The book urges government agencies to familiarize themselves with the public health and policy interventions at their disposal that can influence behavior and more importantly change conditions-social, economic, and environmental-to improve health. Lastly, the IOM encourages government and private-sector stakeholders to consider health in a wide range of policies (a health in all policies approach) and to evaluate the health effects and costs of major legislation. This book, as well as the other two books in the series, is intended to inform and help federal, state, and local governments, public health agencies, clinical care organizations, the private sector, and community-based organizations.
Author: Colin S. Gray
Publisher: Lulu.com
ISBN: 9781312298934
Category : Education
Languages : en
Pages : 72
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Book Description
If RMA (revolution in military affairs) was the acronym and concept of choice in the U.S. defense community in the 1990s, so preemption has threatened to supercede it in the 2000s. The trouble is that officials and many analysts have confused preemption, which is not controversial, with prevention, which is. In this monograph, Dr. Colin S. Gray draws a sharp distinction between preemption and prevention, and explains that the political, military, moral, and strategic arguments have really all been about the latter, not the former. Dr. Gray provides definitions, reviews the history of the preventive war option, and considers the merit, or lack thereof, in the principal charges laid against the concept when it is proclaimed to be policy. Dr. Gray concludes that there is a place for preventive war in U.S. strategy, but that it is an option that should be exercised only very occasionally. However, there are times when only force seems likely to resolve a maturing danger.
Author: Mark Evans
Publisher: Edinburgh University Press
ISBN: 0748680888
Category : Political Science
Languages : en
Pages : 252
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Book Description
No detailed description available for "Just War Theory".
