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Book Synopsis Innovative Congressional Minimum Standards Preemption Statutes by : Joseph F. Zimmerman
Download or read book Innovative Congressional Minimum Standards Preemption Statutes written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2016-02-09 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes. Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
Book Synopsis INNOVATIVE CONGRESSIONAL MINIM by : Joseph F. Zimmerman
Download or read book INNOVATIVE CONGRESSIONAL MINIM written by Joseph F. Zimmerman and published by . This book was released on 2017-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
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.
Book Synopsis The Silence of Congress by : Joseph F. Zimmerman
Download or read book The Silence of Congress written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2012-02-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues for greater congressional oversight of state taxation of interstate commerce.
Book Synopsis Preemption Choice by : William W. Buzbee
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.
Book Synopsis The Law of Municipal Corporations by : John Forrest Dillon
Download or read book The Law of Municipal Corporations written by John Forrest Dillon and published by . This book was released on 1873 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Municipal Corporations by John Dillon Forrest, first published in 1873, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
Book Synopsis Water Pollution Policies and the American States by : John A. Hoornbeek
Download or read book Water Pollution Policies and the American States written by John A. Hoornbeek and published by State University of New York Press. This book was released on 2012-01-02 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between federal and state water pollution policies is revealed and assessed in this incisive volume. Focusing on Congress's statutory directions in the Federal Water Pollution Control Act of 1972 and state compliance, this study throws into relief the complex and often troubled relationship between the laws enacted by Congress and the public policies produced by state governments that implement them. Compliance at the state level can be affected and sometimes disturbed by state politics, particular policymaking processes, and the effects of federal oversight practices. As convincingly demonstrated in these pages, American water pollution policy reflects neither runaway bureaucracies nor Congressional control, but rather a complex intergovernmental process that is structured around Congress's statutory directions.
Book Synopsis Congressional Preemption by : Joseph F. Zimmerman
Download or read book Congressional Preemption written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2012-02-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.
Book Synopsis Federal Preemption by : Richard Allen Epstein
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.
Book Synopsis For the Public's Health by : Institute of Medicine
Download or read book For the Public's Health written by Institute of Medicine and published by National Academies Press. This book was released on 2011-11-04 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Robert Wood Johnson Foundation asked the Institute of Medicine (IOM) to examine three topics in relation to public health: measurement, the law, and funding. IOM prepared a three book series-one book on each topic-that contain actionable recommendations for public health agencies and other stakeholders that have roles in the health of the U.S population. For the Public's Health: Revitalizing Law and Policy to Meet New Challenges is the second in the For the Public Health's Series, and reflects on legal and public policy reform on three levels: first, laws that establish the structure, duties, and authorities of public health departments; second, the use of legal and policy tools to improve the public's health; and third, the health effects of laws and policies from other sectors in and outside government. The book recommends that states enact legislation with appropriate funding to ensure that all public health departments have the mandate and the capacity to effectively deliver the Ten Essential Public Health Services. The book also recommends that states revise their laws to require public health accreditation for state and local health departments through the Public Health Accreditation Board accreditation process. The book urges government agencies to familiarize themselves with the public health and policy interventions at their disposal that can influence behavior and more importantly change conditions-social, economic, and environmental-to improve health. Lastly, the IOM encourages government and private-sector stakeholders to consider health in a wide range of policies (a health in all policies approach) and to evaluate the health effects and costs of major legislation. This book, as well as the other two books in the series, is intended to inform and help federal, state, and local governments, public health agencies, clinical care organizations, the private sector, and community-based organizations.
Book Synopsis The Government and Politics of New York State by : Joseph F. Zimmerman
Download or read book The Government and Politics of New York State written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2008-03-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive overview of New York State government and politics.
Download or read book Congress written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2010-01-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful reassessment of the relationship between the U.S. Congress and the states.
Book Synopsis Interstate Water Compacts by : Joseph F. Zimmerman
Download or read book Interstate Water Compacts written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2012-10-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long taken for granted, water resources are rapidly becoming a contentious issue within American politics. Continuing population growth and rapid development, coupled with environmental events such as droughts, have led to increasing water shortages in sections of the nation. In Interstate Water Compacts author Joseph F. Zimmerman highlights the growing importance of water issues within the United States and a device that has been instrumental in facilitating interstate cooperation to solve water-related problems: the interstate compact. This groundbreaking work is the first to devote itself exclusively to interstate and federal-interstate compacts pertaining to controversies including the abatement of water pollution, apportionment of river waters, economic development, flood control, inland fisheries, marine fisheries, and restoration to rivers of anadromous fish, such as salmon and shad. The process for entering into interstate and federal-interstate compacts is explained in detail, as is the exercise of original jurisdiction by the US Supreme Court to resolve intractable interstate controversies involving interpretation of provisions of compacts, water apportionment, and water pollution abatement. Zimmerman concludes by calling for the President, Congress, governors, state legislatures, and local governments to devote more attention and resources to finding solutions for water-related problems.
Book Synopsis Intelligence Community Legal Reference Book by :
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Interstate Disputes by : Joseph F. Zimmerman
Download or read book Interstate Disputes written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2012-02-16 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the role of the U.S. Supreme Court in settling disputes between states.
Book Synopsis Interstate Economic Relations by : Joseph F. Zimmerman
Download or read book Interstate Economic Relations written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2004-08-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive look at the economic relations among states, and how they might be better optimized.
Download or read book The Big Sort written by Bill Bishop and published by Houghton Mifflin Harcourt. This book was released on 2009-05-11 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The award-winning journalist reveals the untold story of why America is so culturally and politically divided in this groundbreaking book. Armed with startling demographic data, Bill Bishop demonstrates how Americans have spent decades sorting themselves into alarmingly homogeneous communities—not by region or by state, but by city and neighborhood. With ever-increasing specificity, we choose the communities and media that are compatible with our lifestyles and beliefs. The result is a country that has become so ideologically inbred that people don't know and can't understand those who live just a few miles away. In The Big Sort, Bishop explores how this phenomenon came to be, and its dire implications for our country. He begins with stories about how we live today and then draws on history, economics, and our changing political landscape to create one of the most compelling big-picture accounts of America in recent memory.
