Subsidiarity Federalism And Federal Prosecution Of Street Crime

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Subsidiarity, Federalism and Federal Prosecution of Street Crime

Author : John F. Stinneford
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Subsidiarity, Federalism and Federal Prosecution of Street Crime by : John F. Stinneford

Download or read book Subsidiarity, Federalism and Federal Prosecution of Street Crime written by John F. Stinneford and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, Congress has expanded the reach of federal criminal law to the point where it substantially overlaps with state law. Many defendants who commit essentially local "street" crimes, such as arson, carjacking, or illegal firearms possession, now violate both state and federal law. Defendants who are prosecuted in the federal system typically face greater procedural disadvantages, higher conviction rates and longer sentences than those prosecuted for the same conduct in state court. But neither the Department of Justice nor the federal judiciary has articulated uniform standards for determining which cases belong in federal court and which do not. Rather, this issue has been left largely to the discretion of individual United States Attorneys. The essay that follows will argue that the best source for a standard to govern prosecutorial discretion in this area is the principle of subsidiarity: the principle that higher order institutions (such as the federal government) should avoid taking over the functions or disrupting the internal life of lower order institutions (such as state and local government), but should provide assistance to such institutions where necessary. This principle would permit federal intervention in criminal matters traditionally handled by the states only where the federal government enjoys an inherent advantage by virtue of its nature as a national government. Cases could not be moved from state to federal court simply to avoid procedural or evidentiary problems under state law, to avoid local juries, or to obtain a longer sentence than is available under state law. Inclusion of such a standard in the federal prosecutorial guidelines is consistent with basic principles of federalism, and will eliminate the most egregious disparities resulting from the overlap of state and federal criminal law.

Federalism and the Tug of War Within

Author : Erin Ryan
Publisher : Oxford University Press, USA
ISBN 13 : 0199737983
Total Pages : 429 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Federalism and the Tug of War Within by : Erin Ryan

Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

Claims for Secession and Federalism

Author : Alberto López-Basaguren
Publisher : Springer
ISBN 13 : 3319597078
Total Pages : 576 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Claims for Secession and Federalism by : Alberto López-Basaguren

Download or read book Claims for Secession and Federalism written by Alberto López-Basaguren and published by Springer. This book was released on 2019-01-05 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

Agape, Justice, and Law

Author : Robert F. Cochran, Jr
Publisher : Cambridge University Press
ISBN 13 : 1316812960
Total Pages : 355 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Agape, Justice, and Law by : Robert F. Cochran, Jr

Download or read book Agape, Justice, and Law written by Robert F. Cochran, Jr and published by Cambridge University Press. This book was released on 2017-05-25 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

Cities in Federal Constitutional Theory

Author : Erika Arban
Publisher : Oxford University Press
ISBN 13 : 0192655000
Total Pages : 241 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Cities in Federal Constitutional Theory by : Erika Arban

Download or read book Cities in Federal Constitutional Theory written by Erika Arban and published by Oxford University Press. This book was released on 2022-07-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Federalism and Subsidiarity

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 147986885X
Total Pages : 460 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Federalism and Subsidiarity by : James E. Fleming

Download or read book Federalism and Subsidiarity written by James E. Fleming and published by NYU Press. This book was released on 2014-06-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Marijuana Federalism

Author : Jonathan H. Adler
Publisher :
ISBN 13 : 9780815737896
Total Pages : 250 pages
Book Rating : 4.7/5 (378 download)

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Book Synopsis Marijuana Federalism by : Jonathan H. Adler

Download or read book Marijuana Federalism written by Jonathan H. Adler and published by . This book was released on 2020 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0198738439
Total Pages : 1201 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Australian Constitution by : Cheryl Saunders

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.

The Strategic Constitution

Author : Robert D. Cooter
Publisher : Princeton University Press
ISBN 13 : 0691214506
Total Pages : 435 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Strategic Constitution by : Robert D. Cooter

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

The European Public Prosecutor’s Office

Author : Leendert H. Erkelens
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462650343
Total Pages : 0 pages
Book Rating : 4.6/5 (53 download)

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Book Synopsis The European Public Prosecutor’s Office by : Leendert H. Erkelens

Download or read book The European Public Prosecutor’s Office written by Leendert H. Erkelens and published by T.M.C. Asser Press. This book was released on 2014-09-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office. The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission. Negotiations on the proposal between Member States are still ongoing. The T.M.C. Asser Instituut held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices. How will this evolve? This book will help answering fundamental questions involved.

Index to Legal Periodicals & Books

Author :
Publisher :
ISBN 13 :
Total Pages : 1416 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index to Legal Periodicals & Books by :

Download or read book Index to Legal Periodicals & Books written by and published by . This book was released on 2001 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federalism and Regionalism in Western Europe

Author : W. Swenden
Publisher : Springer
ISBN 13 : 0230624979
Total Pages : 342 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Federalism and Regionalism in Western Europe by : W. Swenden

Download or read book Federalism and Regionalism in Western Europe written by W. Swenden and published by Springer. This book was released on 2006-02-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism and Regionalism in Western Europe seeks to clarify the relevance, problems and consequences of operating federal systems of government in Western Europe. The book analyzes and explains varieties in the allocation of resources, the decision-making process and problem-solving capacity of West-European federal and regional states

Limits to EU Powers

Author : Jacob Öberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903372
Total Pages : 251 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Limits to EU Powers by : Jacob Öberg

Download or read book Limits to EU Powers written by Jacob Öberg and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Public Administration in Germany

Author : Sabine Kuhlmann
Publisher : Springer Nature
ISBN 13 : 3030536971
Total Pages : 415 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Administration in Germany by : Sabine Kuhlmann

Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

Enhancing Government

Author : Erwin Chemerinsky
Publisher : Stanford Law Books
ISBN 13 :
Total Pages : 314 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Enhancing Government by : Erwin Chemerinsky

Download or read book Enhancing Government written by Erwin Chemerinsky and published by Stanford Law Books. This book was released on 2008-05-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a new vision of how to allocate power between the federal and state governments to provide effective government and enhance liberty.

A Good Tax

Author : Joan Youngman
Publisher :
ISBN 13 : 9781558443426
Total Pages : 260 pages
Book Rating : 4.4/5 (434 download)

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Book Synopsis A Good Tax by : Joan Youngman

Download or read book A Good Tax written by Joan Youngman and published by . This book was released on 2016 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Good Tax, tax expert Joan Youngman skillfully considers how to improve the operation of the property tax and supply the information that is often missing in public debate. She analyzes the legal, administrative, and political challenges to the property tax in the United States and offers recommendations for its improvement. The book is accessibly written for policy analysts and public officials who are dealing with specific property tax issues and for those concerned with property tax issues in general.

Hamilton's Paradox

Author : Jonathan Rodden
Publisher : Cambridge University Press
ISBN 13 : 0521842697
Total Pages : 335 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Hamilton's Paradox by : Jonathan Rodden

Download or read book Hamilton's Paradox written by Jonathan Rodden and published by Cambridge University Press. This book was released on 2006 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: As new federations take shape and old ones are revived around the world, a difficult challenge is to create incentives for fiscal discipline. By combining theory, quantitative analysis, and historical and contemporary case studies, this book lays out the first systematic explanation of why decentralized countries have had dramatically different fiscal experiences. It provides insights into current policy debates from Latin America to the European Union, and a new perspective on a tension between the promise and peril of federalism that has characterized the literature since The Federalist Papers.