Federal Preemption of State and Local Law PDF Download
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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: 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: Jude McCulloch
Publisher: Routledge
ISBN: 131767023X
Category : Social Science
Languages : en
Pages : 240
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Book Description
Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.
Author: Marc Weller
Publisher:
ISBN: 0199673047
Category : Law
Languages : en
Pages : 1377
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Book Description
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 464
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Book Description
Author: Richard Allen Epstein
Publisher: A E I Press
ISBN:
Category : Law
Languages : en
Pages : 388
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Book Description
This book considers federalism's constitutional basis and its practical applications.
Author: United States
Publisher:
ISBN:
Category : Homestead law
Languages : en
Pages : 20
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Book Description
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: MANOMOHANA LĀLA AGARVĀLĀ
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Emma Lees
Publisher:
ISBN: 0198810997
Category :
Languages : en
Pages : 650
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Book Description
The core principles of land law are articulated clearly in this new textbook, providing a framework through which students can gain a sophisticated understanding of the modern land law system.Emma Lees' expertise in research and teaching ensures all topics are thoroughly explained in a friendly and accessible style. The textbook uses a unique structure: "Chapter Goals" outline the key learning objectives while the core "Principles" are summarised to conclude each chapter with acomprehensive overview of the topic at hand. Key cases are explained while examples illustrate problems and possible solutions. Students understand how to accurately apply the core principles to land law scenarios, while also conducting their own critical analysis of the subject area.The author's enthusiasm is imbued in the writing style; students actively engage with the key debates and at the same time develop an appreciation of the subject as a whole.A comprehensive interpretation of this subject, The Principles of Land Law is the ideal companion to a course in land law.Online resourcesBimonthly updates on recent law changes.
Author: Manmohan Lal Agarwala
Publisher:
ISBN:
Category :
Languages : en
Pages : 501
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Book Description
