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 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.
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 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 Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Download or read book Consumer Financial Services Answer Book 2015 Edition written by Richard E. Gottlieb and published by . This book was released on 2014 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Election Campaign Laws written by United States and published by . This book was released on 1997 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Federal Public Land and Resources Law written by George Cameron Coggins and published by . This book was released on 2002 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.
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 Federal Preemption of State Energy Policies written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Limitations of Contracted and Delegated Authority and published by . This book was released on 1981 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Who Decides written by Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2021-10-29 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: "51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
Download or read book Municipal Law Deskbook written by Benjamin E. Griffith and published by ABA Section of State and Local Government Law. This book was released on 2015-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside Congress written by Trevor Corning and published by Brookings Institution Press. This book was released on 2017-07-25 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker's staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.
