Download or read book Beyond Preemption written by Ivo H. Daalder and published by Rowman & Littlefield. This book was released on 2008-04-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).

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.

Download or read book Beyond Preemption written by National Academy of Public Administration and published by . This book was released on 2006 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing federal preemptions of state and local responsibilities, authorities and revenue sources require a new strategy involving stakeholders at every level of government, according to a report issued by an Academy panel. Prepared for the National Governors Association, the report highlights complex issues that preemptions create and includes practical recommendations for our nation's leaders to explore. The panel found that federal preemptions and the imposition of unfunded mandates are increasing and likely to continue. Against this backdrop, the panel urged that federal preemptions be used only as a last resort with intergovernmental partnerships emphasized as an alternative.

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.

Download or read book Beyond Preemption and Preventive War written by Cindy Williams and published by . This book was released on 2006 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beyond Preemption and Preventive War written by Cindy Williams and published by DIANE Publishing. This book was released on 2008-11 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2002 the Bush White House has embraced a policy that it calls preemption, or preventive war. The new policy calls for the U.S. to go on the offensive when it believes that an enemy is gathering the capability to attack, even though the time, place, or even likelihood of an enemy move is unknown and perhaps far in the future. But this report maintains that the best defense may instead be the prevention of attacks on the U.S. and prevention of conflict around the globe. Such a policy would be pursued through a stronger emphasis within the defense establishment itself on countering the proliferation of dangerous weapons and materials, participating in stability operations and post-conflict reconstruction, and cooperating with allies.

Download or read book Preemption written by Henry Shue and published by Oxford University Press. This book was released on 2007-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

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.

Download or read book Strategy Beyond Markets written by John M. de Figueiredo and published by Emerald Group Publishing. This book was released on 2016-04-27 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategy Beyond Markets is organized around three themes: Public Politics, Private Politics, and Integrated Political Strategy. The book explores the way these strategies influence political environments, firms and corporations.

Download or read book Beyond Winning written by Robert H. Mnookin and published by Harvard University Press. This book was released on 2004-04-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

Download or read book Beyond Preemption written by Mark A. Lemley and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposed Uniform Commercial Code article 2B, which will govern transactions in information, will remake the law of intellectual property licensing in a radical way. But federal and state intellectual property policy impose significant limits on the ability of states to change these rules by contract law. One such limit is preemption, but preemption is unlikely to provide sufficient protection for the established rules of intellectual property law. Three other sets of doctrines will limit the ability of parties to set their terms by contract, even in the UCC 2B world. The first doctrine is copyright misuse, which has been applied against restrictive licensing provisions. The second set of doctrines provides that a number of licensing rules are decided as questions of federal, not state, law. The third doctrines are state public policies that cannot be overriden by contract. Taken together, these doctrines create a patchwork federal policy of intellectual property law that UCC 2B cannot alter.

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.

Download or read book Menschenrechtssituation in den USA nach dem 11 September 2001 written by Sumit Bhattacharyya and published by . This book was released on 2002 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beyond Preemption Toward Metropolitan Governance written by Alejandro E. Camacho and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although U.S. metropolitan areas are increasingly economically and culturally inter-connected, legal authority over core substantive areas remains largely decentralized, divided, and uncoordinated. Scholars have long recognized that this configuration can yield substantial benefits, but also exacerbates social problems that transcend local boundaries, such as traffic congestion, pollution, and segregation. Though some have called for state preemption or the formation of metropolitan governments, such reforms have proved elusive and may often be normatively undesirable. More recent theories of “metropolitan governance” lack a comprehensive framework for describing and assessing such authority, and neglect the role of formal legal strategies in inducing effective governance. Building on insights from literatures on institutional design and governance, this Article reveals the traces of an alternative approach. Based on three in-depth case studies involving housing, water pollution, and transportation, it identifies misunderstood and underexplored reallocations of authority that destabilize existing municipal incentives. Each case illustrates how states have set standards for local governments, and promoted implementation and attainment of these standards, by establishing third-party enforcement rights and/or instruments for intergovernmental coordination. Such targeted reallocations may be more politically plausible than broader institutional changes and more likely to simultaneously leverage the benefits of local and more centralized institutions. More broadly, the Article argues that distinguishing the extent authority is centralized from the levels of overlap and coordination better facilitates assessment of the potential tradeoffs among different institutional configurations. Ultimately, this framework reveals a range of opportunities that may better promote more effective metropolitan governance.

Download or read book Land Use and Sustainable Development Law written by John R. Nolon and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Download or read book Pre crime written by Jude McCulloch and published by Routledge. This book was released on 2015-07-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.

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.