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Retroactivity
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Book Synopsis Retroactivity and the Common Law by : Ben Juratowitch
Download or read book Retroactivity and the Common Law written by Ben Juratowitch and published by Bloomsbury Publishing. This book was released on 2008-02-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
Book Synopsis Retroactive Legislation by : Daniel E. Troy
Download or read book Retroactive Legislation written by Daniel E. Troy and published by American Enterprise Institute. This book was released on 1998 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking.
Book Synopsis When Rules Change by : Daniel Shaviro
Download or read book When Rules Change written by Daniel Shaviro and published by University of Chicago Press. This book was released on 2000-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suppose Congress were to change Social Security just before you retired? Or repeal income tax deductions for homeowners? Or institute a flat tax? Should those changes be retroactive? Or should you retain the gains or accept the losses resulting from the new enactments? What kinds of policies might governments adopt in order to mitigate the transitional effects of changing legal rules? Daniel Shaviro tackles these tough questions, bringing legal, economic, and political perspectives to bear on a persistent problem not often given serious attention. When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity focuses on tax law changes to develop an in-depth understanding of the transitional issues inherent in any substantive rule change and also to advance a set of normative policy guidelines applicable to any such circumstance. Shaviro reframes traditional approaches to the problem of retroactivity and offers new insights into both the theory and policy of legislative transitions.
Download or read book RetroActive written by Ibrahim Moustafa and published by Humanoids, Inc.. This book was released on 2022-04-26 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: An agent working for the U.S. Bureau of Temporal Affairs sets out to discover the source of several anomalies in the timeline—only to become imprisoned in an inescapable time loop.
Download or read book Retroactivity written by Micah Edwards and published by . This book was released on 2019-02-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world full of Augments, individuals with powerful abilities, we see a portrait of two men: - Foresight, a shining superhero with the ability to choose from all possible futures. - Mat Roche, a government functionary simply trying to do his best for his country. The story begins on a scene of carnage, and slowly unfolds to reveal what brought these two into conflict. For though Foresight is a superhero here, with an infinity of possibilities available to him, who knows what else might have been?
Book Synopsis Retroactivity and Contemporary Art by : Craig Staff
Download or read book Retroactivity and Contemporary Art written by Craig Staff and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary art is often preoccupied with time, or acts in which the past is recovered. Through specific case studies of artists who strategically work with historical moments, this book examines how art from the last two decades has sought to mobilize these particular histories, and to what effect, against the backdrop of Modernism. Drawing on the art theory of Rosalind Krauss and the philosophies of Paul Ricoeur, Gerhard Richter, and Pierre Nora, Retroactivity and Contemporary Art interprets those works that foreground some aspect of retroactivity – whether re-enacting, commemorating, or re-imagining – as key artistic strategies. This book is striking philosophical reflection on time within art and art within time, and an indispensable read for those attempting to understand the artistic significance of history, materiality, and memory.
Book Synopsis Time and Tax: Issues in International, EU, and Constitutional Law by : Werner Haslehner
Download or read book Time and Tax: Issues in International, EU, and Constitutional Law written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.
Book Synopsis Law of Property Rights Protection by : Jan Laitos
Download or read book Law of Property Rights Protection written by Jan Laitos and published by Aspen Publishers Online. This book was released on 1998 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed. Offers advice on how best to handle common situations Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :86 pages Book Rating :4.3/5 (121 download)
Book Synopsis Retroactive Taxation by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book Retroactive Taxation written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1996 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guidelines Manual by : United States Sentencing Commission
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The JAG Journal written by and published by . This book was released on 1971 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Finnish Yearbook of International Law 1998 by : Kari Takamaa
Download or read book The Finnish Yearbook of International Law 1998 written by Kari Takamaa and published by Martinus Nijhoff Publishers. This book was released on 2000-08-01 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: longer articles of a theoretical nature, exploring new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
Book Synopsis Confirmation Hearings on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2011 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Dynamic Statutory Interpretation by : William N. Eskridge
Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Book Synopsis Biomolecular Feedback Systems by : Domitilla Del Vecchio
Download or read book Biomolecular Feedback Systems written by Domitilla Del Vecchio and published by Princeton University Press. This book was released on 2014-10-26 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible introduction to the principles and tools for modeling, analyzing, and synthesizing biomolecular systems. It begins with modeling tools such as reaction-rate equations, reduced-order models, stochastic models, and specific models of important core processes. It then describes in detail the control and dynamical systems tools used to analyze these models. These include tools for analyzing stability of equilibria, limit cycles, robustness, and parameter uncertainty. Modeling and analysis techniques are then applied to design examples from both natural systems and synthetic biomolecular circuits. In addition, this comprehensive book addresses the problem of modular composition of synthetic circuits, the tools for analyzing the extent of modularity, and the design techniques for ensuring modular behavior. It also looks at design trade-offs, focusing on perturbations due to noise and competition for shared cellular resources. Featuring numerous exercises and illustrations throughout, Biomolecular Feedback Systems is the ideal textbook for advanced undergraduates and graduate students. For researchers, it can also serve as a self-contained reference on the feedback control techniques that can be applied to biomolecular systems. Provides a user-friendly introduction to essential concepts, tools, and applications Covers the most commonly used modeling methods Addresses the modular design problem for biomolecular systems Uses design examples from both natural systems and synthetic circuits Solutions manual (available only to professors at press.princeton.edu) An online illustration package is available to professors at press.princeton.edu
Book Synopsis Official Reports of the Supreme Court by : United States. Supreme Court
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2008-02 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bulletin of the United States Bureau of Labor Statistics by :
Download or read book Bulletin of the United States Bureau of Labor Statistics written by and published by . This book was released on 1913 with total page 1630 pages. Available in PDF, EPUB and Kindle. Book excerpt:
