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The Theory Of Regulatory Federalism
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Book Synopsis The Rules of Federalism by : R. Daniel. KELEMEN
Download or read book The Rules of Federalism written by R. Daniel. KELEMEN and published by Harvard University Press. This book was released on 2009-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Book Synopsis The Theory of Regulatory Federalism by : Wallace E. Oates
Download or read book The Theory of Regulatory Federalism written by Wallace E. Oates and published by . This book was released on 1988 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Regulation, Federalism, and Interstate Commerce by : Edmund W. Kitch
Download or read book Regulation, Federalism, and Interstate Commerce written by Edmund W. Kitch and published by . This book was released on 1981 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Condition of Contemporary Federalism by : United States. Advisory Commission on Intergovernmental Relations
Download or read book The Condition of Contemporary Federalism written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1981 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Advisory Commission on Intergovernmental Relations Publisher : ISBN 13 : Total Pages :336 pages Book Rating :4.3/5 (129 download)
Book Synopsis Regulatory Federalism by : United States. Advisory Commission on Intergovernmental Relations
Download or read book Regulatory Federalism written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1984 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulatory Federalism by : Roger Daniel Kelemen
Download or read book Regulatory Federalism written by Roger Daniel Kelemen and published by . This book was released on 1998 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federalism and the Regulatory Process by : Richard Schultz
Download or read book Federalism and the Regulatory Process written by Richard Schultz and published by IRPP. This book was released on 1979 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
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 Contemporary American Federalism by : Joseph F. Zimmerman
Download or read book Contemporary American Federalism written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2008-09-10 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.
Book Synopsis Regulatory Delegation by : C.-Y. Cynthia Lin Lawell
Download or read book Regulatory Delegation written by C.-Y. Cynthia Lin Lawell and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the optimality of regulatory delegation when neither output levels nor effort levels are contractible. The key trade-off is that while the federal government is able to internalize externalities, the state governments have preferences that are better aligned with local welfare. I compare four decentralization scenarios, each corresponding to a different allocation of output power and effort power between the federal and state governments. A central finding is that conjoint federalism (the federal government chooses output while the states choose effort), which is the regulatory structure used for many environmental regulations in the United States, tends to be the least efficient form, while a reverse form of delegation tends to be the most efficient.
Book Synopsis Redefining Federalism by : Douglas T. Kendall
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Book Synopsis The Federal Role in the Federal System by : United States. Advisory Commission on Intergovernmental Relations
Download or read book The Federal Role in the Federal System written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1980 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Price of Federalism by : Paul E. Peterson
Download or read book The Price of Federalism written by Paul E. Peterson and published by Rowman & Littlefield. This book was released on 2012-01-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the price of federalism? Does it result in governmental interconnections that are too complex? Does it create overlapping responsibilities? Does it perpetuate social inequalities? Does it stifle economic growth? To answer these questions, Paul Peterson sets forth two theories of federalism: functional and legislative. Functional theory is optimistic. It says that each level of the federal system is well designed to carry out the tasks for which it is mainly responsible. State and local governments assume responsibility for their area's physical and social development; the national government cares for the needy and reduces economic inequities. Legislative theory, in contrast, is pessimistic: it says that national political leaders, responding to electoral pressures, misuse their power. They shift unpopular burdens to lower levels of government while spending national dollars on popular government programs for which they can claim credit. Both theories are used to explain different aspects of American federalism. Legislative theory explains why federal grants have never been used to equalize public services. Elected officials cannot easily justify to their constituents a vote to shift funds away from the geographic area they represent. The overall direction that American federalism has taken in recent years is better explained by functional theory. As the costs of transportation and communication have declined, labor and capital have become increasingly mobile, placing states and localities in greater competition with one another. State and local governments are responding to these changes by overlooking the needs of the poor, focusing instead on economic development. As a further consequence, older, big cities of the Rust Belt, inefficient in their operations and burdened by social responsibilities, are losing jobs and population to the suburban communities that surround them. Peterson recommends that the national government adopt p
Book Synopsis The New Federalism: Can the States Be Trusted? by :
Download or read book The New Federalism: Can the States Be Trusted? written by and published by Hoover Press. This book was released on with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Federalism investigates whether returning a variety of regulatory and police powers back to the states will yield better government. It poses the provocative question, Can the states be trusted? and emerges with a qualified yes. This book should be an invaluable resource to federal and state policymakers alike.
Book Synopsis Federalism by : Anthony J. Bellia Jr.
Download or read book Federalism written by Anthony J. Bellia Jr. and published by Aspen Publishing. This book was released on 2017-01-10 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism
