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Preemption
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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 Preemption: A Knife That Cuts Both Ways (Issues of Our Time) by : Alan M. Dershowitz
Download or read book Preemption: A Knife That Cuts Both Ways (Issues of Our Time) written by Alan M. Dershowitz and published by W. W. Norton & Company. This book was released on 2007-02-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A path-breaking must-read for government leaders, strategists, and all concerned Americans.”—General Wesley K. Clark In Preemption one of our nation’s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government’s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society’s increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the U.S. Court of Appeals calls “lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.
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 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 Congressional Preemption by : Joseph F. Zimmerman
Download or read book Congressional Preemption written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2006-06-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the use of preemption powers by Congress to completely or partially remove regulatory authority from state and local governments.
Book Synopsis Striking First by : Michael W. Doyle
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.
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 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 The Preemption War by : Thomas O. McGarity
Download or read book The Preemption War written by Thomas O. McGarity and published by Yale University Press. This book was released on 2008-12-02 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.
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.
Download or read book Preemption written by Henry Shue and published by OUP Oxford. This book was released on 2007-11-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic declaration by U.S. President George W. Bush that, in light of the attacks on 9/11, the United States would henceforth be engaging in "preemption" against such enemies as terrorists armed with weapons of mass destruction forced a wide-open debate about justifiable uses of military force. Opponents saw the declaration as a direct challenge to the consensus, which has formed since the ratification of the Charter of the United Nations, that armed force may be used only in defense. Supporters responded that in an age of terrorism defense could only mean "preemption." This volume of all-new chapters provides the historical, legal, political, and philosophical perspective necessary to intelligent participation in the on-going debate, which is likely to last long beyond the war in Iraq. Thorough defenses and critiques of the Bush doctrine are provided by the most authoritative writers on the subject from both sides of the Atlantic. Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? Does the possibility of terrorists with weapons of mass destruction force us to change our traditional views about what counts as defense? This book provides the most comprehensive assessment to date of the justifiability of preemptive or preventive military action. Its engaging debate, accompanied by an analytic Introduction, focuses probing criticism against the most persuasive proponents of preemptive attack or preventive war, who then respond to these challenges and modify or extend their justifications. Authors of recent pivotal analyses, including historian Marc Trachtenberg, international relations professor Neta Crawford, law professor David Luban, and political philosopher Allen Buchanan, are confronted by other authoritative writers on the nature and justification of war more broadly, including historian Hew Strachan, international normative theorist Henry Shue, and philosophers David Rodin, Walter Sinnott-Armstrong, and Suzanne Uniacke. The resulting lively and many-sided exchanges shed historical, legal, political, and philosophical light on a key policy question of our time. Going beyond the simple dichotomies of popular discussion the authors reflect on the nature of all warfare, the arguments for and against it, and the possibilities for the moral to constrain the military and the political in the face of grave threat. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
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.
Book Synopsis Regulatory Preemption by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Regulatory Preemption written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Statutory Preemption of State and Local Authority by :
Download or read book Federal Statutory Preemption of State and Local Authority written by and published by . This book was released on 1992 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Advisory Commission on Intergovernmental Relations Publisher : ISBN 13 : Total Pages :104 pages Book Rating :4.3/5 (91 download)
Book Synopsis Federal Statutory Preemption of State and Local Authority by : United States. Advisory Commission on Intergovernmental Relations
Download or read book Federal Statutory Preemption of State and Local Authority written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1992 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations Publisher : ISBN 13 : Total Pages :418 pages Book Rating :4.:/5 (327 download)
Book Synopsis Congressional Review of OCC Preemption by : United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations
Download or read book Congressional Review of OCC Preemption written by United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations and published by . This book was released on 2004 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 State University of New York 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. Joseph F. Zimmerman is Professor Emeritus of Political Science at the University of Albany, State University of New York. His many books include Unifying the Nation: Article IV of the United States Constitution; The Initiative, Second Edition: Citizen Lawmaking; and Interstate Water Compacts: Intergovernmental Efforts to Manage America’s Water Resources, all published by SUNY Press.
