Executive Discretion And The Rule Of Law

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The President and Immigration Law

Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Immigration Outside the Law

Author : Hiroshi Motomura
Publisher : Oxford University Press, USA
ISBN 13 : 0199768439
Total Pages : 361 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Immigration Outside the Law by : Hiroshi Motomura

Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press, USA. This book was released on 2014-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--

Iran Sanctions

Author : Kenneth Katzman
Publisher : DIANE Publishing
ISBN 13 : 1437922058
Total Pages : 28 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Iran Sanctions by : Kenneth Katzman

Download or read book Iran Sanctions written by Kenneth Katzman and published by DIANE Publishing. This book was released on 2010 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Background of the Iran Sanctions Act (ISA): Key Provisions: ¿Triggers¿ and Available Sanctions; Waiver and Termination Authority; Iran Freedom Support Act Amendments; Effectiveness and Ongoing Challenges: Energy Routes and Refinery Investment: Refinery Construction; Significant Purchase Agreements; Efforts in the 110th and 111th Congress to Expand ISA Application; Other Energy-Related Sanctions Ideas; (2) Relationships to Other U.S. Sanctions: Ban on U.S. Trade and Investment With Iran; Treasury Department ¿Targeted Financial Measures¿; Terrorism-Related Sanctions; Executive Order 13224; Proliferation-Related Sanctions; Efforts to Promote Divestment; Blocked Iranian Property and Assets. Tables.

EU Executive Discretion and the Limits of Law

Author : Joana Mendes
Publisher :
ISBN 13 : 0198826664
Total Pages : 289 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Executive Discretion and the Limits of Law by : Joana Mendes

Download or read book EU Executive Discretion and the Limits of Law written by Joana Mendes and published by . This book was released on 2019 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection analyses how the law governs, and should govern, the exercise of discretion by the EU's executive powers, in light of post-2010 developments which have expanded such powers.

The Uses of Discretion

Author : Keith Hawkins
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198259503
Total Pages : 431 pages
Book Rating : 4.2/5 (595 download)

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Book Synopsis The Uses of Discretion by : Keith Hawkins

Download or read book The Uses of Discretion written by Keith Hawkins and published by Oxford University Press on Demand. This book was released on 1994 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The German Federal Constitutional Court

Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 405 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The German Federal Constitutional Court by : Matthias Jestaedt

Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Getting to the Rule of Law

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 0814728448
Total Pages : 310 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Getting to the Rule of Law by : James E. Fleming

Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Global Encyclopedia of Public Administration, Public Policy, and Governance

Author : Ali Farazmand
Publisher : Springer Nature
ISBN 13 : 3030662527
Total Pages : 13623 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Global Encyclopedia of Public Administration, Public Policy, and Governance by : Ali Farazmand

Download or read book Global Encyclopedia of Public Administration, Public Policy, and Governance written by Ali Farazmand and published by Springer Nature. This book was released on 2023-04-05 with total page 13623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

The Rule of Law

Author : Tom Bingham
Publisher : Penguin UK
ISBN 13 : 0141962011
Total Pages : 236 pages
Book Rating : 4.1/5 (419 download)

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Book Synopsis The Rule of Law by : Tom Bingham

Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

EU Executive Discretion and the Limits of Law

Author : Joana Mendes
Publisher : Oxford University Press
ISBN 13 : 0192561340
Total Pages : 461 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Executive Discretion and the Limits of Law by : Joana Mendes

Download or read book EU Executive Discretion and the Limits of Law written by Joana Mendes and published by Oxford University Press. This book was released on 2019-05-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

The Changing Constitution

Author : Jeffrey L. Jowell
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The Changing Constitution by : Jeffrey L. Jowell

Download or read book The Changing Constitution written by Jeffrey L. Jowell and published by Oxford University Press, USA. This book was released on 1989 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1985.

The Book of the States

Author :
Publisher :
ISBN 13 : 9780872927216
Total Pages : 0 pages
Book Rating : 4.9/5 (272 download)

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Book Synopsis The Book of the States by :

Download or read book The Book of the States written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Unelected

Author : James R. Copland
Publisher : Encounter Books
ISBN 13 : 1641771216
Total Pages : 289 pages
Book Rating : 4.6/5 (417 download)

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Book Synopsis The Unelected by : James R. Copland

Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.

The Cambridge Companion to the Rule of Law

Author : Jens Meierhenrich
Publisher : Cambridge University Press
ISBN 13 : 1108620175
Total Pages : 715 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich

Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Discretionary Power of Public Administration

Author : Leszek Leszczyński
Publisher : Studies in Politics, Security and Society
ISBN 13 : 9783631674680
Total Pages : 0 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Discretionary Power of Public Administration by : Leszek Leszczyński

Download or read book Discretionary Power of Public Administration written by Leszek Leszczyński and published by Studies in Politics, Security and Society. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is devoted to the issue of public administration discretionary power within law application processes and its control. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration's reasoning.