preemption choice the theory law and reality of federalism s core question

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Preemption Choice

Author : William W. Buzbee
ISBN : 9781139474818
Genre : Law
File Size : 75. 84 MB
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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
ISBN : 9781473971134
Genre : Political Science
File Size : 78. 41 MB
Format : PDF
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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 U S Supreme Court And New Federalism

Author : Christopher P. Banks
ISBN : 9780742535046
Genre : Law
File Size : 63. 80 MB
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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

Social Ecological Resilience And Law

Author : Ahjond S. Garmestani
ISBN : 9780231536356
Genre : Nature
File Size : 40. 64 MB
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Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key 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 2007 Randolph W Thrower Symposium

Author : Emory University. School of Law
ISBN : STANFORD:36105063770080
Genre : Law
File Size : 75. 4 MB
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Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105134444236
Genre : Law
File Size : 46. 96 MB
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The 2008 Randolph W Thrower Symposium

Author : Emory University. School of Law
ISBN : STANFORD:36105063783356
Genre : Law
File Size : 42. 53 MB
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Hart And Wechsler S The Federal Courts And The Federal System 2008

Author : Richard H. Fallon
ISBN : 1599414716
Genre : Law
File Size : 44. 97 MB
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This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

New Mexico Law Review

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ISBN : OSU:32437121997411
Genre : Law reviews
File Size : 45. 55 MB
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Hastings Law Journal

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ISBN : OSU:32437121980383
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