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The Timing Of Lawmaking
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Book Synopsis The Timing of Lawmaking by : Frank Fagan
Download or read book The Timing of Lawmaking written by Frank Fagan and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Book Synopsis Legislative Effectiveness in the United States Congress by : Craig Volden
Download or read book Legislative Effectiveness in the United States Congress written by Craig Volden and published by Cambridge University Press. This book was released on 2014-10-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Craig Volden and Alan E. Wiseman develop a new metric of individual legislator effectiveness (the Legislative Effectiveness Score) that will be of interest to scholars, voters, and politicians alike. They use these scores to study party influence in Congress, the successes or failures of women and African Americans in Congress, policy gridlock, and the specific strategies that lawmakers employ to advance their agendas.
Book Synopsis Unorthodox Lawmaking by : Barbara Sinclair
Download or read book Unorthodox Lawmaking written by Barbara Sinclair and published by CQ Press. This book was released on 2016-06-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Book Synopsis Lawmaking under Pressure by : Giovanni Mantilla
Download or read book Lawmaking under Pressure written by Giovanni Mantilla and published by Cornell University Press. This book was released on 2020-12-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Book Synopsis Time, Law, and Change by : International Conference on Law and Time
Download or read book Time, Law, and Change written by International Conference on Law and Time and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a unique perspective of an overlooked subject, the relationship between time, change, and lawmaking, this edited collection brings together world-leading experts to consider how time considerations and social, political, and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the executive and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and lawmaking. The first part offers both legal,theoretical, and historical perspectives on the influence of time and change on legal interpretation, legislative quality, and constitutional resilience. The second part offers the reader an analysis of the phenomenon of inter-temporality in the constitutional process as well as a theoretical and empirical reflection upon the meaning of the principle of legal certainty and legitimate expectations. The third part of the book analyses how specific times shape the law. By 'specific times' the editors wish to refer to situations that put the rule of law or citizens' protection at stake in different ways. The fourth part addresses the complex relationship between technological change and lawmaking
Book Synopsis Time, Law, and Change by : Sofia Ranchordás
Download or read book Time, Law, and Change written by Sofia Ranchordás and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
Book Synopsis Time, History and International Law by : Matthew C. R. Craven
Download or read book Time, History and International Law written by Matthew C. R. Craven and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Book Synopsis Combative Politics by : Mary Layton Atkinson
Download or read book Combative Politics written by Mary Layton Atkinson and published by University of Chicago Press. This book was released on 2017-04-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Affordable Care Act to No Child Left Behind, politicians often face a puzzling problem: although most Americans support the aims and key provisions of these policies, they oppose the bills themselves. How can this be? Why does the American public so often reject policies that seem to offer them exactly what they want? By the time a bill is pushed through Congress or ultimately defeated, we’ve often been exposed to weeks, months—even years—of media coverage that underscores the unpopular process of policymaking, and Mary Layton Atkinson argues that this leads us to reject the bill itself. Contrary to many Americans’ understandings of the policymaking process, the best answer to a complex problem is rarely self-evident, and politicians must weigh many potential options, each with merits and drawbacks. As the public awaits a resolution, the news media tend to focus not on the substance of the debate but on descriptions of partisan combat. This coverage leads the public to believe everyone in Washington has lost sight of the problem altogether and is merely pursuing policies designed for individual political gain. Politicians in turn exacerbate the problem when they focus their objections to proposed policies on the lawmaking process, claiming, for example, that a bill is being pushed through Congress with maneuvers designed to limit minority party input. These negative portrayals become linked in many people’s minds with the policy itself, leading to backlash against bills that may otherwise be seen as widely beneficial. Atkinson argues that journalists and educators can make changes to help inoculate Americans against the idea that debate always signifies dysfunction in the government. Journalists should strive to better connect information about policy provisions to the problems they are designed to ameliorate. Educators should stress that although debate sometimes serves political interests, it also offers citizens a window onto the lawmaking process that can help them evaluate the work their government is doing.
Book Synopsis Living Legislation by : Jeffery A. Jenkins
Download or read book Living Legislation written by Jeffery A. Jenkins and published by University of Chicago Press. This book was released on 2012-04-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics is at its most dramatic during debates over important pieces of legislation. It is thus no stretch to refer to legislation as a living, breathing force in American politics. And while debates over legislative measures begin before an item is enacted, they also endure long afterward, when the political legacy of a law becomes clear. Living Legislation provides fresh insights into contemporary American politics and public policy. Of particular interest to the contributors to this volume is the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Among the topics the essays discuss are how laws emerge from—and effect change within—coalition structures, the effectiveness of laws at mediating partisan conflicts, and the ways in which laws interact with broader shifts in the political environment. As an essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and the Limits of Government by : Frank Fagan
Download or read book Law and the Limits of Government written by Frank Fagan and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics.Õ Ð Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical, normative and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4 Publisher : ISBN 13 : Total Pages :242 pages Book Rating :4.:/5 (319 download)
Book Synopsis Limiting the Time for Bringing Certain Actions Under the Laws of the U.S. by : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4
Download or read book Limiting the Time for Bringing Certain Actions Under the Laws of the U.S. written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4 and published by . This book was released on 1945 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 9.
Book Synopsis Living Legislation by : William J. Novak
Download or read book Living Legislation written by William J. Novak and published by University of Chicago Press. This book was released on 2012-03-16 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scholars examine the dynamic evolution of laws over time in a volume that “pushes the frontiers of knowledge about lawmaking in the US” (Choice). Politics is at its most dramatic during debates over important pieces of legislation. And while debates over legislative measures can rage for years or even decades before an item is enacted, they also endure long afterward, when the political legacy of a law eventually comes into focus. With a diverse set of contributors—including quantitative political scientists, political development scholars, historians, and economists—Living Legislation provides fresh insights into contemporary American politics and public policy. Many of the contributors to this volume focus on the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Others discuss how laws emerge from—and effect change within—coalition structures; the effectiveness of laws at mediating partisan conflicts; and the ways in which laws interact with broader shifts in the political environment. An essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.
Book Synopsis Legislating in the Dark by : James M. Curry
Download or read book Legislating in the Dark written by James M. Curry and published by University of Chicago Press. This book was released on 2015-09-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time. The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science.
Book Synopsis Failures of American Methods of Lawmaking in Historical and Comparative Perspectives by : James Maxeiner
Download or read book Failures of American Methods of Lawmaking in Historical and Comparative Perspectives written by James Maxeiner and published by . This book was released on 2018-03-08 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
Book Synopsis Time, Law, and Change by : Sofia Ranchordás
Download or read book Time, Law, and Change written by Sofia Ranchordás and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
Book Synopsis Due Process of Lawmaking by : Susan Rose-Ackerman
Download or read book Due Process of Lawmaking written by Susan Rose-Ackerman and published by Cambridge University Press. This book was released on 2015-01-22 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
