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: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596135
Category : Civil rights
Languages : en
Pages : 331
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Book Description
The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective. According to a classical tenet of constitutionalism the constitution and constitutional law deal with state actors. In the 20th century the concept of 'third party effect' emerged, which has seen constitutional rights and principles apply in private relations as well. This raises various questions, such as what are the jurisprudential and political reasons of this change? Is this concept brought about by the welfare state? What are its practical consequences? Is individual liberty enhanced when the state claims to promote a right? How do such understandings influence the role of constitutional and supreme courts? Are there equivalent doctrines to the third party effect? How does the trend influence government spending and redistribution? How does the US 'state action' doctrine compare with the third party/horizontal effect doctrine familiar in other domestic and international jurisdictions?
Author: Wilhelm von Humboldt
Publisher: Cambridge University Press
ISBN: 1316284018
Category : Political Science
Languages : en
Pages : 241
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Book Description
This text is important both as one of the most interesting contributions to the liberalism of the German Enlightenment, and as the most significant source for the ideas which John Stuart Mill popularized in his essay On Liberty. Humboldt's concern is to define the criteria by which the permissible limits of the state's activities may be determined. His basic principle, like that of Mill, is that the only justification for government interference is the prevention of harm to others. He discusses in detail the role and limits of the state's responsibility for the welfare, security and morals of its citizens. Humboldt's special achievement in this work is to enlarge our sense of what a liberal political theory might be by his particularly sensitive grasp of the complexity of our attitudes to and our need of other people. Dr Burrow has based his translation on Coulthard's version of 1854. In an important introduction, he provides a most perceptive as well as scholarly guide to Humboldt's political thought.
Author:
Publisher:
ISBN:
Category : Coastal zone management
Languages : en
Pages : 138
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Book Description
Author: Matt Andrews
Publisher: Oxford University Press
ISBN: 0198747489
Category : Business & Economics
Languages : en
Pages : 276
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Book Description
Governments play a major role in the development process, and constantly introduce reforms and policies to achieve developmental objectives. Many of these interventions have limited impact, however; schools get built but children don't learn, IT systems are introduced but not used, plans are written but not implemented. These achievement deficiencies reveal gaps in capabilities, and weaknesses in the process of building state capability. This book addresses these weaknesses and gaps. It starts by providing evidence of the capability shortfalls that currently exist in many countries, showing that many governments lack basic capacities even after decades of reforms and capacity building efforts. The book then analyses this evidence, identifying capability traps that hold many governments back - particularly related to isomorphic mimicry (where governments copy best practice solutions from other countries that make them look more capable even if they are not more capable) and premature load bearing (where governments adopt new mechanisms that they cannot actually make work, given weak extant capacities). The book then describes a process that governments can use to escape these capability traps. Called PDIA (problem driven iterative adaptation), this process empowers people working in governments to find and fit solutions to the problems they face. The discussion about this process is structured in a practical manner so that readers can actually apply tools and ideas to the capability challenges they face in their own contexts. These applications will help readers devise policies and reforms that have more impact than those of the past.
Author:
Publisher: McGraw-Hill Companies
ISBN:
Category : Law
Languages : en
Pages : 1582
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Book Description
Author: Louise I. Gerdes
Publisher: Greenhaven Publishing LLC
ISBN: 0737768649
Category : Young Adult Nonfiction
Languages : en
Pages : 113
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Book Description
The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.
Author: United States. Advisory Commission on Intergovernmental Relations
Publisher:
ISBN:
Category : Intergovernmental fiscal relations
Languages : en
Pages : 148
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Book Description
Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 556
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Book Description
Author: Holly Lawford-Smith
Publisher: Oxford University Press
ISBN: 0192570331
Category : Philosophy
Languages : en
Pages : 193
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Book Description
There are many actions that we attribute, at least colloquially, to states. Given their size and influence, states are able to inflict harm far beyond the reach of a single individual. But there is a great deal of unclarity about exactly who is implicated in that kind of harm, and how we should think about responsibility for it. It is a commonplace assumption that democratic publics both authorize and have control over what their states do; that their states act in their name and on their behalf. In Not In Their Name, Holly Lawford-Smith approaches these questions from the perspective of social ontology, asking whether the state is a collective agent, and whether ordinary citizens are members of that agent. If it is, and they are, there's a clear case for democratic collective culpability. She explores alternative conceptions of the state and of membership in the state; alternative conceptions of collective agency applied to the state; the normative implications of membership in the state; and both culpability (from the inside) and responsibility (from the outside) for what the state does. Ultimately, Lawford-Smith argues for the exculpation of ordinary citizens and the inculpation of those working in public services.
