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Preemption Choice
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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 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 New Preemption Reader by : Richard Briffault
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.
Book Synopsis Strategic Preemption by : Robert J. Pauly
Download or read book Strategic Preemption written by Robert J. Pauly and published by Routledge. This book was released on 2017-07-05 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Placing the second US-Iraq conflict in the context of emerging trends in international relations, this exceptional, timely volume examines the broad framework of US policy toward Iraq under the administration of George W. Bush. The Second Iraq War marks the third time since 1991 that the United States has invaded a Muslim country, and this book details not only the specifics of the conflict, but the war's broad impact on US relations with Muslim states, both in a regional and global context. It analyzes the development of the previous US policy of containment to the new doctrine of preemption. The volume also: ¢ Examines the linkages between Al Qaeda's attacks on the United States on 11 September 2001 and the prosecution of the Second Iraq War. ¢
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 Regulatory Preemption by : United States Congress Senate Committee
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.
Book Synopsis Wharton on Dynamic Competitive Strategy by : George S. Day
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.
Book Synopsis The Oxford Handbook of the Use of Force in International Law by : Marc Weller
Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by . This book was released on 2015 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Book Synopsis The Choice of War by : Albert L. Weeks
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.
Book Synopsis Epistemic Authority by : Linda Trinkaus Zagzebski
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.
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 Reshaping Rogue States by : Alexander T.J. Lennon
Download or read book Reshaping Rogue States written by Alexander T.J. Lennon and published by MIT Press. This book was released on 2004-07-09 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the policies of preemption and regime change as well as an examination of US policy options for dealing with each country in the "axis of evil." In January 2002, President George W. Bush declared Iran, Iraq, and North Korea constituents of an "axis of evil." US strategy toward each of these countries has clearly varied since, yet similar issues and policy options have emerged for US relations with all three. Reshaping Rogue States seeks to improve our understanding of Iran, Iraq, and North Korea as well as of current and future policy options to combat the threats these nations pose. The book's comprehensive analysis of preemption and regime change debates the circumstances under which each policy might be justified or legal under international law. Prominent strategists and policymakers consider alternatives to preemption—including prevention, counterproliferation, and cooperative security—and draw conclusions from efforts to bring about regime change in the past. Reshaping Rogue States also reviews the differing policy challenges presented by each so-called axis member. Specifically, it considers how the United States might strike a balance with North Korea through multilateral negotiations; the changes within Iran that call for changes in US policy; and the dilemmas the United States faces in post-Saddam Iraq, including continuing insurgency, instability, and the feasibility of democracy.
Book Synopsis Environmental Protection by : Robert L. Glicksman
Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Environmental Protection: Law and Policy, respected for its intellectual breadth and depth, is an interdisciplinary overview of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It covers the history of environmental protection; policy objectives; regulatory design strategies; and constitutional federalism?and related statutory interpretation issues concerning the design and implementation of the environmental laws. Coverage also includes the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and other pollution control statutes; a chapter on climate change?that discusses scientific, policy, program design, and statutory authority questions; and natural resource management issues (including the National Environmental Policy Act, the Endangered Species Act, and limited coverage of national forest management). New to the 9th Edition: New co-author Alejandro Camacho, a leading scholar on natural resources and public land law Ch.1: New materials on the Flint, Michigan battles over lead contamination of the municipal water system Ch.2: Discussion of regulatory and judicial skirmishes resulting from policy differences among the Obama, Trump, and Biden administrations Ch.3: Changes, driven by the Supreme Court, to areas such as standard of judicial review (including the Courts endorsement of the major questions doctrine) and potential changes to entrenched law in areas such as the nondelegation doctrine Ch.4: Council on Environmental Qualitys overhaul of its 1978 NEPA regulations under the Trump administration and the Biden CEQs phased revision of those regulations; Food and Water Watch v. FERC; Sierra Club v. EPA Ch.5: Discussion of recent research and scholarship on biodiversity loss, the Trump administrations efforts to restrict the scope of the Endangered Species Act, and the Biden administrations attempts to reverse or revise these changes; recent developments on listing, critical habitat, federal agency consultation, taking prohibitions, and incidental takings Ch.6: Updated references to air pollution science Ch.7: Updates on ongoing litigation involving the waters of the United States definition in the Clean Water Act Ch.8: EPAs efforts to implement 2016 amendments to the Toxic Substances Control Act; League of United Latin American Citizens v. Regan Ch.9: New case law under CERCLA; discussion of the treatment in the Restatement (Third) Torts of joint and several liability Ch.10: Streamlined coverage of environmental enforcement process Ch.11: Updated coverage of climate change law, policy, and science to reflect opposed regulatory responses to climate change by the Trump and Biden administrations; West Virginia v. EPA Online environmental justice supplement Streamlined note material Benefits for instructors and students: Thorough, nuanced treatment of existing laws, regulations, and cases, regulatory design strategies, and current and developing policy objectives Interdisciplinary approach incorporating science, economics, and ethics Coverage of major federal pollution control, environmental assessment, and species protection laws Charts and graphics Exercises and problems Distinguished author team with extensive practical, scholarly, and teaching experience
Book Synopsis Drug and Medical Device Product Liability Deskbook by : James Beck
Download or read book Drug and Medical Device Product Liability Deskbook written by James Beck and published by Law Journal Press. This book was released on 2004 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Download or read book Pre-crime written by Jude McCulloch and published by Routledge. This book was released on 2015-07-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.
Download or read book Just War Theory written by Mark Evans and published by Edinburgh University Press. This book was released on 2020-01-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a stimulating discussion of, and introduction to, just war theory.
Book Synopsis Shapo on the Law of Products Liability by : Marshall S. Shapo
Download or read book Shapo on the Law of Products Liability written by Marshall S. Shapo and published by Wolters Kluwer. This book was released on 2012-10-22 with total page 3484 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.
