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Preemption Choice
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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 Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Book Synopsis Federal Preemption by : Richard Allen Epstein
Download or read book Federal Preemption written by Richard Allen Epstein and published by A E I Press. This book was released on 2007 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers federalism's constitutional basis and its practical applications.
Book Synopsis The New Preemption Reader by : Richard Briffault
Download or read book The New Preemption Reader written by Richard Briffault and published by West Academic Publishing. This book was released on 2019-01-03 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Receive complimentary lifetime digital access to the eBook with new print purchase. The hottest issue in state and local government today is preemption - the conflict between states and cities over authority in a wide range of sharply-contested areas, including gun control, minimum wages and family leave, anti-discrimination law, environmental protection, and sanctuary policies. This pathbreaking reader comes straight from the front-lines of that conflict. It presents and analyzes in concise form the most important preemption statutes and cases, along with commentary from the leading scholars in the field. Virtually all the material involves disputes that have emerged and decisions handed down in just the last two to three years. Designed for use in courses dealing with states and local governments as a supplement to existing casebooks or on its own, the reader will be a unique and invaluable resource for students, teachers, scholars, and anyone involved in preemption and state-local relations more broadly today.
Book Synopsis Strategic Preemption by : Robert J. Pauly
Download or read book Strategic Preemption written by Robert J. Pauly and published by Routledge. This book was released on 2017-07-05 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Placing the second US-Iraq conflict in the context of emerging trends in international relations, this exceptional, timely volume examines the broad framework of US policy toward Iraq under the administration of George W. Bush. The Second Iraq War marks the third time since 1991 that the United States has invaded a Muslim country, and this book details not only the specifics of the conflict, but the war's broad impact on US relations with Muslim states, both in a regional and global context. It analyzes the development of the previous US policy of containment to the new doctrine of preemption. The volume also: ¢ Examines the linkages between Al Qaeda's attacks on the United States on 11 September 2001 and the prosecution of the Second Iraq War. ¢
Book Synopsis Regulatory Preemption by : United States Congress Senate Committee
Download or read book Regulatory Preemption written by United States Congress Senate Committee and published by . This book was released on 2015-02-14 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis An Economic Perspective on Preemption by : Keith N. Hylton
Download or read book An Economic Perspective on Preemption written by Keith N. Hylton and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper has two goals. The first is to present an economic theory of preemption as a choice among regulatory regimes. The optimal regime choice model is used to generate specific implications for the court decisions on preemption of products liability claims. The second objective is to extrapolate from the regime choice model to consider its implications for broader controversies about preemption.
Book Synopsis Striking First by : Michael W. Doyle
Download or read book Striking First written by Michael W. Doyle and published by Princeton University Press. This book was released on 2011-03-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.
Book Synopsis Federal Preemption by : Joseph Francis Zimmerman
Download or read book Federal Preemption written by Joseph Francis Zimmerman and published by Wiley-Blackwell. This book was released on 1991 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Preemption War by : Thomas O. McGarity
Download or read book The Preemption War written by Thomas O. McGarity and published by Yale University Press. This book was released on 2008-12-02 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.
Download or read book Preemption written by Alan M. Dershowitz and published by W. W. Norton & Company. This book was released on 2006 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the benefits and consequences of the nation's paradigm shift toward more preventive and proactive approaches to conflict, arguing that the seeds of such a shift were planted prior to the events of September 11.
Book Synopsis Congressional Preemption by : Joseph F. Zimmerman
Download or read book Congressional Preemption written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2006-06-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the use of preemption powers by Congress to completely or partially remove regulatory authority from state and local governments.
Book Synopsis Wharton on Dynamic Competitive Strategy by : George S. Day
Download or read book Wharton on Dynamic Competitive Strategy written by George S. Day and published by John Wiley & Sons. This book was released on 2004-08-13 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Wharton Business School ist die älteste Institution ihrer Art in Amerika und eine der bestangesehenen der Welt. Ein Expertenteam aus fünf verschiedenen Fachgebieten in Wharton diskutiert hier eine der wichtigsten Fragen für ein Unternehmen der Gegenwart - die Sicherung der Wettbewerbsfähigkeit. Neueste Konzepte kreativer Strategien werden vorgestellt.
Book Synopsis Drug and Medical Device Product Liability Deskbook by : James Beck
Download or read book Drug and Medical Device Product Liability Deskbook written by James Beck and published by Law Journal Press. This book was released on 2004 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Book Synopsis The Implications of Preemptive and Preventive War Doctrines: A Reconsideration by : Colin S. Gray
Download or read book The Implications of Preemptive and Preventive War Doctrines: A Reconsideration written by Colin S. Gray and published by Lulu.com. This book was released on 2014-06-22 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: If RMA (revolution in military affairs) was the acronym and concept of choice in the U.S. defense community in the 1990s, so preemption has threatened to supercede it in the 2000s. The trouble is that officials and many analysts have confused preemption, which is not controversial, with prevention, which is. In this monograph, Dr. Colin S. Gray draws a sharp distinction between preemption and prevention, and explains that the political, military, moral, and strategic arguments have really all been about the latter, not the former. Dr. Gray provides definitions, reviews the history of the preventive war option, and considers the merit, or lack thereof, in the principal charges laid against the concept when it is proclaimed to be policy. Dr. Gray concludes that there is a place for preventive war in U.S. strategy, but that it is an option that should be exercised only very occasionally. However, there are times when only force seems likely to resolve a maturing danger.
Book Synopsis Dabit, Preemption and Choice of Law by : Larry E. Ribstein
Download or read book Dabit, Preemption and Choice of Law written by Larry E. Ribstein and published by . This book was released on 2006 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in Merrill Lynch, Pierce, Fenner amp; Smith, Inc. v. Dabit, involves the reconciliation of three significant policy goals - controlling abusive litigation, deterring securities fraud, and preserving our federal system by limiting the federal government's power. These goals seem to conflict in that controlling litigation involves expanding federal power, thereby foreclosing potential state approaches to controlling fraud. In Dabit, the Court opted to broadly interpret the federal government's preemption of state securities remedies, thereby giving momentum to the federalization of corporate law. This article shows that forcing Congress to attend more closely to the role of state law might have encouraged a better reconciliation of the three policy goals. Specifically, Congress can control abusive litigation without sacrificing the states' role in remedying fraud by preserving fraud remedies imposed under state corporation laws. Letting firms choose the applicable state law would motivate states to develop reasonable remedies rather than to invite abusive litigation. A viable state fraud remedy would, in turn, free Congress and the courts to examine the appropriate extent of federal fraud remedies.
Book Synopsis Asymmetrical Regulation by : William W. Buzbee
Download or read book Asymmetrical Regulation written by William W. Buzbee and published by . This book was released on 2012 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the federal government ...
