Legislative Deferrals

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Publisher : Cambridge University Press
ISBN 13 : 1139440616
Total Pages : 314 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legislative Deferrals by : George I. Lovell

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.

The President and Immigration Law

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Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

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.

Legislative Deferrals and Judicial Policy Making in American Labor Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legislative Deferrals and Judicial Policy Making in American Labor Law by : George I. Lovell

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:

Legislative Veto After Chadha

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Publisher :
ISBN 13 :
Total Pages : 1248 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Legislative Veto After Chadha by : United States. Congress. House. Committee on Rules

Download or read book Legislative Veto After Chadha written by United States. Congress. House. Committee on Rules and published by . This book was released on 1984 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Budget Process Law Annotated

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Publisher : William G Dauster
ISBN 13 : 9780160417269
Total Pages : 902 pages
Book Rating : 4.4/5 (172 download)

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Book Synopsis Budget Process Law Annotated by : William G. Dauster

Download or read book Budget Process Law Annotated written by William G. Dauster and published by William G Dauster. This book was released on 1993-09 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making Policy, Making Law

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Publisher : Georgetown University Press
ISBN 13 : 1589013646
Total Pages : 257 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Making Policy, Making Law by : Mark C. Miller

Download or read book Making Policy, Making Law written by Mark C. Miller and published by Georgetown University Press. This book was released on 2004-08-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

The Law of the Executive Branch

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Publisher : Oxford University Press
ISBN 13 : 0199350418
Total Pages : 482 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Law of the Executive Branch by : Dr. Louis Fisher

Download or read book The Law of the Executive Branch written by Dr. Louis Fisher and published by Oxford University Press. This book was released on 2014-01-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

The Oxford Handbook of Law and Politics

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Publisher : Oxford University Press, USA
ISBN 13 : 0199585571
Total Pages : 828 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by Oxford University Press, USA. This book was released on 2010-06-10 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from major international scholars, The Oxford Handbook of Law and Politics provides the key point of reference for anyone working on the interception between law and political science.

The Politics of the Globalization of Law

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Publisher : Routledge
ISBN 13 : 1135076030
Total Pages : 218 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Politics of the Globalization of Law by : Alison Brysk

Download or read book The Politics of the Globalization of Law written by Alison Brysk and published by Routledge. This book was released on 2013-05-02 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.

Monthly Catalogue, United States Public Documents

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Publisher :
ISBN 13 :
Total Pages : 1064 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Monthly Catalogue, United States Public Documents by :

Download or read book Monthly Catalogue, United States Public Documents written by and published by . This book was released on 1983 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging Law and Policy

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Publisher : Routledge
ISBN 13 : 1136887601
Total Pages : 245 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Judging Law and Policy by : Robert M. Howard

Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

What's Law Got to Do With It?

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Publisher : Stanford University Press
ISBN 13 : 0804775338
Total Pages : 371 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis What's Law Got to Do With It? by : Charles Geyh

Download or read book What's Law Got to Do With It? written by Charles Geyh and published by Stanford University Press. This book was released on 2011-08-09 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers perspectives from political scientists, legal scholars, and practicing judges as they seek to answer the question of how much law actually has to do with judicial behavior and decision-making, and what it means for society at large.

Strategic Indeterminacy in the Law

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Publisher : Oxford University Press
ISBN 13 : 0190923709
Total Pages : 353 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Strategic Indeterminacy in the Law by : David Lanius

Download or read book Strategic Indeterminacy in the Law written by David Lanius and published by Oxford University Press. This book was released on 2019-05-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.

This Is Not Civil Rights

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Publisher : University of Chicago Press
ISBN 13 : 0226494039
Total Pages : 282 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis This Is Not Civil Rights by : George I. Lovell

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.

Research Handbook on Judicial Politics

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035309327
Total Pages : 497 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Research Handbook on Judicial Politics by : Michael P. Fix

Download or read book Research Handbook on Judicial Politics written by Michael P. Fix and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.

National Security Law and the Power of the Purse

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Publisher : Oxford University Press, USA
ISBN 13 : 0195085388
Total Pages : 278 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis National Security Law and the Power of the Purse by : William C. Banks

Download or read book National Security Law and the Power of the Purse written by William C. Banks and published by Oxford University Press, USA. This book was released on 1994 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations.

Political Foundations of Judicial Supremacy

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Publisher : Princeton University Press
ISBN 13 : 9780691096407
Total Pages : 332 pages
Book Rating : 4.0/5 (964 download)

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Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2007 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description