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Backdoor Lawmaking
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Book Synopsis Backdoor Lawmaking by : Melinda N. Ritchie
Download or read book Backdoor Lawmaking written by Melinda N. Ritchie and published by Oxford University Press. This book was released on 2023 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civics textbooks focus on how Congress makes policy through the legislative process, but the reality is that members of Congress have limited opportunities to advance their policy priorities. In fact, less than five percent of the bills that are introduced in Congress become law. Even the most tenacious legislators are confronted by bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members of Congress. What strategies do lawmakers have for navigating these challenges? In this book, Melinda N. Ritchie reveals how members of Congress use the federal bureaucracy as a backdoor for policymaking. Today, more law in the United States is made by unelected bureaucrats through federal agency regulations than with congressional statute. Ritchie argues that the bureaucracy's growing role in policymaking offers lawmakers a discreet way to represent controversial interests outside of the formal constraints of Congress. Lawmakers overcome obstacles in the legislative process by substituting agency regulations for legislation and pressuring agencies to make policy changes that would not pass Congress. Drawing on an original dataset constructed from records obtained under the Freedom of Information Act, Ritchie traces the interactions between members of Congress and federal agencies to illustrate how these communications function as part of a lawmaker's overarching strategy for policymaking. Original and timely, Backdoor Lawmaking explains how members of Congress exploit the separation of powers and evade the lawmaking process established in the US Constitution.
Book Synopsis Lawmaking Through the Back Door by : Richard Rose
Download or read book Lawmaking Through the Back Door written by Richard Rose and published by . This book was released on 2001 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Values and International Trade Law by : Csongor István Nagy
Download or read book Global Values and International Trade Law written by Csongor István Nagy and published by Routledge. This book was released on 2021-12-26 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.
Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua
Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.
Book Synopsis World Trade and Local Public Interest by : Csongor István Nagy
Download or read book World Trade and Local Public Interest written by Csongor István Nagy and published by Springer Nature. This book was released on 2020-07-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade liberalization has shaped international economic relations since the conclusion of the GATT 1947. The last few decades have seen a significant shift in the focus of this process: multilateralism seems to have reached its limits, giving way to regionalism, and the focus of trade liberalization has shifted to non-tariff barriers. While these developments have attracted considerable attention, exploring them from comparative perspectives has been largely neglected. Trading systems – the WTO, regional economic integrations and federal systems – are all based on the same dichotomy of free trade and local public interest: they generally prohibit the constituent parties (states) from restricting trade, but exempt them from this limitation if the restriction is warranted by a legitimate local end. The purpose of this volume is to contribute to filling the above-mentioned research gap by exploring central issues in regional economic integrations from a comparative perspective. It provides a general economic analysis of the costs and benefits of trade liberalization and the role and function of normative values in commercial policy. This is followed by a comparative analysis of the approaches used in various regional economic integrations (in North America, Europe and Latin America) and federal markets (the United States, Australia and India) regarding the balance between free trade and local public interest. Key issues in investment law, one of the most contentious elements of next-generation free trade agreements, are also addressed.
Book Synopsis International Intellectual Property by : Daniel J. Gervais
Download or read book International Intellectual Property written by Daniel J. Gervais and published by Edward Elgar Publishing. This book was released on 2015-01-30 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex
Book Synopsis Informal International Lawmaking by : Joost Pauwelyn
Download or read book Informal International Lawmaking written by Joost Pauwelyn and published by OUP Oxford. This book was released on 2012-09-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.
Book Synopsis The Domestic Politics of Negotiating International Trade by : Johanna von Braun
Download or read book The Domestic Politics of Negotiating International Trade written by Johanna von Braun and published by Routledge. This book was released on 2012-03-29 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Domestic Politics of International Trade considers the issues surrounding intellectual property rights in international trade negotiations in order to examine the challenges posed to domestic policy-makers by the increasingly broad nature of Free Trade Agreements (FTAs). Throughout the book the author demonstrates the importance of domestic politics in understanding the nature and outcome of international negotiations, particularly as they relate to international economic diplomacy. The book looks in detail at the intellectual property negotiations which formed part of the US-Peru and US-Colombia Free Trade Agreements and analyses the extent to which public health authorities and other parties affected by the increased levels of intellectual property protection were integrated into the negotiation process. The book then juxtaposes these findings with an analysis of the domestic origins of US negotiation objectives in the field of intellectual property, paying particular attention to the role of the private sector in the development of these objectives. Based on a substantial amount of empirical research, including approximately 100 interviews with negotiators, capital based policy-makers, private sector representatives, and civil society organisations in Lima, Bogotá and Washington, DC, this book offers a rare account of different stakeholders’ perceptions of the FTA negotiation process. Ultimately, the book succeeds in integrating the study of domestic politics with that of international negotiations. This book will be of particular interest to academics as well as practitioners and students in the fields of international law, economic law, intellectual property, political economy, international relations, comparative politics and government.
Book Synopsis International Intellectual Property and the ASEAN Way by : Elizabeth Siew-Kuan Ng
Download or read book International Intellectual Property and the ASEAN Way written by Elizabeth Siew-Kuan Ng and published by Cambridge University Press. This book was released on 2017-10-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a unique interoperability model for regional and international integration of intellectual property laws based on cooperation the ASEAN Way.
Book Synopsis Science and Technology in International Economic Law by : Bryan Mercurio
Download or read book Science and Technology in International Economic Law written by Bryan Mercurio and published by Routledge. This book was released on 2013-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development. The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.
Book Synopsis International Criminal Procedure by : Göran Sluiter
Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Book Synopsis The Contentious Public Sphere by : Ya-Wen Lei
Download or read book The Contentious Public Sphere written by Ya-Wen Lei and published by Princeton University Press. This book was released on 2019-09-03 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to organize, influence the public agenda, and demand accountability from the government.
Book Synopsis Globalisation And Economic Growth In China by : Linda Y Yueh
Download or read book Globalisation And Economic Growth In China written by Linda Y Yueh and published by World Scientific. This book was released on 2006-11-29 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 26 years since market-oriented reforms were introduced, China has emerged onto the world stage as a major economic presence, particularly since her accession to the World Trade Organisation in 2001.This book is a collection of papers on the effects of globalisation on China's growth prospects and of China's growth on the wider economy. The issues explored include the sustainability of China's continuing economic reform and the necessary reforms to sustain that growth; the considerable effects of her integration into the global economy and its implications for the conduct of Chinese economic policies, including the exchange rate regime; and the influence of China on the regional and world economy. China's competitiveness in exports has also begun to challenge the market share of developing and developed economies; this role in promoting intra-regional trade is also explored.
Book Synopsis Fictions, Lies, and the Authority of Law by : Steven D. Smith
Download or read book Fictions, Lies, and the Authority of Law written by Steven D. Smith and published by University of Notre Dame Pess. This book was released on 2021-09-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.
Download or read book Filibustering written by Gregory Koger and published by University of Chicago Press. This book was released on 2010-06-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.
Book Synopsis U.C. Davis Law Review by : University of California, Davis. School of Law
Download or read book U.C. Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 2011-02 with total page 1006 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Lawmakers by : Susan Block-Lieb
Download or read book Global Lawmakers written by Susan Block-Lieb and published by Cambridge University Press. This book was released on 2017-10-26 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.
