Download or read book Risk Regulation and Administrative Constitutionalism written by Elizabeth Fisher and published by Bloomsbury Publishing. This book was released on 2007-07-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.
Download or read book The Law of the Executive Branch written by Louis Fisher and published by Oxford University Press. This book was released on 2014 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.
Download or read book Promises to Keep written by William W. Fisher, III and published by Stanford University Press. This book was released on 2004 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past fifteen years, changes in technology have generated an extraordinary array of new ways in which music and movies can be produced and distributed. Both the creators and the consumers of entertainment products stand to benefit enormously from the new systems. Sadly, we have failed thus far to avail ourselves of these opportunities. Instead, much energy has been devoted to interpreting or changing legal rules in hopes of defending older business models against the threats posed by the new technologies. These efforts to plug the multiplying holes in the legal dikes are failing and the entertainment industry has fallen into crisis. This provocative book chronicles how we got into this mess and presents three alternative proposals--each involving a combination of legal reforms and new business models--for how we could get out of it.
Download or read book Administrative Competence written by Elizabeth Fisher and published by Cambridge University Press. This book was released on 2020-10-15 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
Download or read book American Constitutional Law written by Louis Fisher and published by . This book was released on 2007 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law not only contains the results of court decisions but also highlights the efforts of legislatures, executives, the states, and the general public. It covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions, and illustrates how both judicial and non-judicial forces shape constitutional law.
Download or read book Defending Congress and the Constitution written by Louis Fisher and published by University Press of Kansas. This book was released on 2011-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.
Download or read book The Law of the Territories written by Sidney George Fisher and published by University of Michigan Library. This book was released on 1859 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Local Government Law written by Gerald A. Fisher and published by Routledge. This book was released on 2021-05-23 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Local Government Law provides a unique resource with concise, easy-to-understand explanations of important legal issues faced by local public officials, community boards, and city councils. From the moment officials take office, they face decisions related to basic principles found in state and federal law. The same is true for those in the private sector aiming to work successfully with local governments. This practical guidebook will empower public and private representatives with a functional grasp of legal principles, with chapters explaining what a local government is, the requirement to follow due process, local land use controls, the basics of the Freedom of Information Act, and many other important subjects that regularly arise. As a practical guidebook on local government law, this book provides a basic and empowering understanding for officials and private actors in the local government arena.
Download or read book Fisher s Laws written by William P. Fisher and published by Lebhar-Friedman. This book was released on 2000 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: William P. Fisher demonstrates in 45 dynamic, quick-hitting chapters how to develop the leadership qualities that will take you and your organization to the top.
Download or read book Environmental Law written by Elizabeth Fisher and published by Oxford University Press, USA. This book was released on 2019-06-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach the subject with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts from UK and international sources to offer students a well-rounded view of the subject area. Covering a broad range of topics, the authors introduce discussion on controversies and debates and encourage readers to engage in critical reflection by posing regular discussion questions throughout the text. Further reading suggestions point students towards useful resources, guiding their independent research. Online Resources This book is also accompanied by online updates collated by the authors, helping students to stay well-informed.
Download or read book Plea Bargaining s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Download or read book Campus Crime written by Bonnie Fisher and published by Charles C. Thomas Publisher. This book was released on 2007 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminologists, political scientists, sociologists, planners, lawyers, security experts, and policy advocates address the most pressing crime and security issues that continue to face post-secondary administrators and their students, faculty, and staff. Each chapter addresses a specific issue, presents original research bearing on the issue, and discusses policy implications for higher education of the research. While some chapters continue to address long-standing topics such as sexual victimization and the role of campus police departments, many chapters address new and emerging topics such as stalking, computer hacking, and identity theft. The final part of the book suggests future directions for research, programs, and policies. Here, the authors review some of the major questions about campus crime and security that are still in need of answers and relate these to programs and policy decisions by campus administrators.
Download or read book Constitutional Conflicts between Congress and the President written by Louis Fisher and published by University Press of Kansas. This book was released on 2014-08-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Download or read book Contract Law in England and Wales written by James C. Fisher and published by Kluwer Law International B.V.. This book was released on 2018-01-24 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in England and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Improving Compliance with International Law written by Roger Fisher and published by . This book was released on 1981 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph on law enforcement of national level compliance with international law - considers conventional law enforcement theory based on sanctions as a means of international dispute settlement and encouraging compliance but suggests international agreements and treatys, reciprocal reaction to noncompliance, enlightened self- interest and integration of international law into national legislation are more effective, and looks at the role of international organizations and international and domestic courts. References.
Download or read book Environmental Law Text Cases Materials written by Elizabeth Fisher and published by Oxford University Press. This book was released on 2013-04-25 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new title in the popular Text, Cases, and Materials series provides students with a thorough understanding of environmental law while also encouraging critical reflection and pointing out areas of controversy and debate. The authors present an impressive range of extracts from UK and international cases, legislation, and articles, to help support learning and demonstrate how the law works in practice, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses and include pollution, conservation, town planning, and water regulation as well as considering environmental law in relation to the EU and from an international perspective. With its unique combination of extracts and author discussion, this new text provides a comprehensive and convenient guide to environmental law which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre which features updates to the law, further reading suggestions and useful weblinks.
Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press, USA. This book was released on 2020-03-26 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.
