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Author: Richard Briffault
Publisher: West Academic Publishing
ISBN: 9781642425604
Category :
Languages : en
Pages : 307
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Book Description
Receive complimentary lifetime digital access to the eBook with new print purchase. The hottest issue in state and local government today is preemption - the conflict between states and cities over authority in a wide range of sharply-contested areas, including gun control, minimum wages and family leave, anti-discrimination law, environmental protection, and sanctuary policies. This pathbreaking reader comes straight from the front-lines of that conflict. It presents and analyzes in concise form the most important preemption statutes and cases, along with commentary from the leading scholars in the field. Virtually all the material involves disputes that have emerged and decisions handed down in just the last two to three years. Designed for use in courses dealing with states and local governments as a supplement to existing casebooks or on its own, the reader will be a unique and invaluable resource for students, teachers, scholars, and anyone involved in preemption and state-local relations more broadly today.
Author: Richard Briffault
Publisher: West Academic Publishing
ISBN: 9781642425604
Category :
Languages : en
Pages : 307
Get Book Here
Book Description
Receive complimentary lifetime digital access to the eBook with new print purchase. The hottest issue in state and local government today is preemption - the conflict between states and cities over authority in a wide range of sharply-contested areas, including gun control, minimum wages and family leave, anti-discrimination law, environmental protection, and sanctuary policies. This pathbreaking reader comes straight from the front-lines of that conflict. It presents and analyzes in concise form the most important preemption statutes and cases, along with commentary from the leading scholars in the field. Virtually all the material involves disputes that have emerged and decisions handed down in just the last two to three years. Designed for use in courses dealing with states and local governments as a supplement to existing casebooks or on its own, the reader will be a unique and invaluable resource for students, teachers, scholars, and anyone involved in preemption and state-local relations more broadly today.
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: 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: 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: Erika Arban
Publisher: Oxford University Press
ISBN: 0192843273
Category : Constitutional law
Languages : en
Pages : 241
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Book Description
The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.
Author: George Cameron Coggins
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1272
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Book Description
This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
Author: Josephus Nelson Larned
Publisher:
ISBN:
Category : History
Languages : en
Pages : 972
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Book Description
Author: Alexander T. Lennon
Publisher: MIT Press
ISBN: 9780262621663
Category : History
Languages : en
Pages : 348
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Book Description
Discussions of key domestic and international aspects of missile defense, arms control, and arms races.
Author: David Schickler
Publisher: Delta
ISBN: 0440333822
Category : Fiction
Languages : en
Pages : 178
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Book Description
Hilarious, sexy, and deeply tender, Kissing in Manhattan was one of the most celebrated debuts in recent years. Acclaimed author David Schickler’s collection of linked stories follows a troupe of love-hungry urbanites through a charmed metropolis and into the Preemption--a mythic Manhattan apartment building. The Preemption sets the stage for a romantic fantasy as exuberant, dark, and dazzling as the city it occupies. Behind closed doors, the paths of an improbable cast of tenants--a seductive perfume heiress; a crabby, misunderstood actor; a preternaturally sharp-sighted priest--tangle and cross, while a perilous love triangle builds around three characters: James Branch, a shy young accountant with an unusual love for the Preemption’s antique elevator, and a strange destiny... Patrick Rigg, a Wall Street lothario who soothes his pain by seducing beautiful women, carrying a gun, and attending the nightly sermons of a foreboding priest... Rally McWilliams, a fetching, hopeful young writer who roams the city at night, searching for the soulmate she believes in but can’t find... Charged with joy and a deadly sense of humor, Kissing in Manhattan is a daring new writer’s vision of a world where men and women, good and evil, love and sex, meet, battle, and embrace on every street corner.
