Legislative Deferrals

Author : George I. Lovell
Publisher : Cambridge University Press
ISBN 13 : 1139440616
Total Pages : 314 pages
Book Rating : 4.15/5 ( download)

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Download or read book Legislative Deferrals written by George I. Lovell and published by Cambridge University Press. This book was released on 2003-03-31 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

Author : George I. Lovell
Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.70/5 ( download)

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Download or read book Legislative Deferrals and Judicial Policy Making in American Labor Law written by George I. Lovell and published by . This book was released on 1997 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Publisher :
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.33/5 ( download)

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Download or read book Defects in the Deferral Mechanism in the Impoundment Control Act written by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee and published by . This book was released on 1986 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : United States. Congress. House. Committee on Rules
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Deferral Process After Chadha written by United States. Congress. House. Committee on Rules and published by . This book was released on 1986 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.88/5 ( download)

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Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Author : United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.01/5 ( download)

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Download or read book Defects in the Deferral Mechanism in the Impoundment Control Act written by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee and published by . This book was released on 1986 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : George I. Lovell
Publisher : University of Chicago Press
ISBN 13 : 0226494039
Total Pages : 282 pages
Book Rating : 4.36/5 ( download)

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Download or read book This Is Not Civil Rights written by George I. Lovell and published by University of Chicago Press. This book was released on 2012-10 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement. Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.

Author : Tomer Broude
Publisher : Cameron May
ISBN 13 : 1874698848
Total Pages : 352 pages
Book Rating : 4.45/5 ( download)

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Download or read book International Governance in the Wto written by Tomer Broude and published by Cameron May. This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : M. Genovese
Publisher : Springer
ISBN 13 : 1403979391
Total Pages : 244 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Presidency and the Constitution written by M. Genovese and published by Springer. This book was released on 2005-08-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.