Preemption Choice

Author : William W. Buzbee
Publisher : Cambridge University Press
ISBN 13 : 1139474812
Total Pages : 337 pages
Book Rating : 4.18/5 ( download)

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Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.40/5 ( download)

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Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Richard Briffault
Publisher : West Academic Publishing
ISBN 13 : 9781642425604
Total Pages : 307 pages
Book Rating : 4.05/5 ( download)

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Download or read book The New Preemption Reader written by Richard Briffault and published by West Academic Publishing. This book was released on 2019-01-03 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : United States Congress Senate Committee
Publisher :
ISBN 13 : 9781297012839
Total Pages : 204 pages
Book Rating : 4.36/5 ( download)

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Download or read book Regulatory Preemption written by United States Congress Senate Committee and published by . This book was released on 2015-02-14 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Michael W. Doyle
Publisher : Princeton University Press
ISBN 13 : 1400829631
Total Pages : 200 pages
Book Rating : 4.37/5 ( download)

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Download or read book Striking First written by Michael W. Doyle and published by Princeton University Press. This book was released on 2011-03-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : George S. Day
Publisher : John Wiley & Sons
ISBN 13 : 9780471689577
Total Pages : 484 pages
Book Rating : 4.72/5 ( download)

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Download or read book Wharton on Dynamic Competitive Strategy written by George S. Day and published by John Wiley & Sons. This book was released on 2004-08-13 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Wharton Business School ist die älteste Institution ihrer Art in Amerika und eine der bestangesehenen der Welt. Ein Expertenteam aus fünf verschiedenen Fachgebieten in Wharton diskutiert hier eine der wichtigsten Fragen für ein Unternehmen der Gegenwart - die Sicherung der Wettbewerbsfähigkeit. Neueste Konzepte kreativer Strategien werden vorgestellt.

Author : Henry Shue
Publisher : Oxford University Press
ISBN 13 : 0199233136
Total Pages : 276 pages
Book Rating : 4.37/5 ( download)

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Download or read book Preemption written by Henry Shue and published by Oxford University Press. This book was released on 2007-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

Author : Richard Allen Epstein
Publisher : A E I Press
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.33/5 ( download)

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Download or read book Federal Preemption written by Richard Allen Epstein and published by A E I Press. This book was released on 2007 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers federalism's constitutional basis and its practical applications.

Author : Albert L. Weeks
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313081840
Total Pages : 212 pages
Book Rating : 4.42/5 ( download)

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Download or read book The Choice of War written by Albert L. Weeks and published by Bloomsbury Publishing USA. This book was released on 2009-11-25 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A longtime scholar of the Cold War deftly weaves together the tradition of "just war" and an examination of current events to show how the time-honored concepts of jus ad bellum (justice of war) and jus in bello (justice in war) apply to the U.S. military involvement in Iraq. This timely analysis of President George W. Bush's foreign policy deals with the cornerstone of his administrations—the "war on terror"—as implemented in Afghanistan, Iraq, Guantanamo Bay, and at Abu Ghraib prison. The Choice of War: The Iraq War and the "Just War" Tradition discusses NSS 2002, the national security statement that became the blueprint for the Bush Doctrine. It explains the differences and similarities between preventive and pre-emptive war and explores the administration's justification of the necessity of the March 2003 invasion. Finally, it analyzes the conduct of the war, the occupation, and the post-occupation phases of the conflict. In evaluating the Bush Doctrine, both as declared strategy and as implemented, Albert L. Weeks asks whether going it virtually alone in the global struggle against 21st-century terrorism should be incorporated permanently into American political and military policy. Answering no, he suggests an alternative to a doctrine that has isolated the United States and left the world divided.

Author : Linda Trinkaus Zagzebski
Publisher : Oxford University Press
ISBN 13 : 0190278269
Total Pages : 294 pages
Book Rating : 4.67/5 ( download)

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Download or read book Epistemic Authority written by Linda Trinkaus Zagzebski and published by Oxford University Press. This book was released on 2015-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gives an extended argument for epistemic authority from the implications of reflective self-consciousness. Epistemic authority is compatible with autonomy, but epistemic self-reliance is incoherent. The book argues that epistemic and emotional self-trust are rational and inescapable, that consistent self-trust commits us to trust in others, and that among those we are committed to trusting are some whom we ought to treat as epistemic authorities, modelled on the well-known principles of authority of Joseph Raz. Some of these authorities can be in the moral and religious domains. The book investigates the way the problem of disagreement between communities or between the self and others is a conflict within self-trust, and argue against communal self-reliance on the same grounds as the book uses in arguing against individual self-reliance. The book explains how any change in belief is justified--by the conscientious judgment that the change will survive future conscientious self-reflection. The book concludes with an account of autonomy. -- Información de la editorial.