The New Preemption Reader

The New Preemption Reader

Author: Richard Briffault

Publisher: West Academic Publishing

Published: 2019-01-03

Total Pages: 307

ISBN-13: 9781642425604

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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 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.

Preemption Choice

Preemption Choice

Author: William W. Buzbee

Publisher: Cambridge University Press

Published: 2008-12-15

Total Pages: 337

ISBN-13: 1139474812

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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 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.

Federal Preemption of State and Local Law

Federal Preemption of State and Local Law

Author: James T. O'Reilly

Publisher: American Bar Association

Published: 2006

Total Pages: 252

ISBN-13: 9781590317440

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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 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.

Cities in Federal Constitutional Theory

Cities in Federal Constitutional Theory

Author: Erika Arban

Publisher: Oxford University Press

Published: 2022-07-25

Total Pages: 241

ISBN-13: 0192655000

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The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.


Book Synopsis Cities in Federal Constitutional Theory by : Erika Arban

Download or read book Cities in Federal Constitutional Theory written by Erika Arban and published by Oxford University Press. This book was released on 2022-07-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Pre-crime

Pre-crime

Author: Jude McCulloch

Publisher: Routledge

Published: 2015-07-24

Total Pages: 154

ISBN-13: 131767023X

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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.


Book Synopsis Pre-crime by : Jude McCulloch

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 154 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.

Reshaping Rogue States

Reshaping Rogue States

Author: Alexander T.J. Lennon

Publisher: MIT Press

Published: 2004-07-09

Total Pages: 396

ISBN-13: 9780262265393

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An analysis of the policies of preemption and regime change as well as an examination of US policy options for dealing with each country in the "axis of evil." In January 2002, President George W. Bush declared Iran, Iraq, and North Korea constituents of an "axis of evil." US strategy toward each of these countries has clearly varied since, yet similar issues and policy options have emerged for US relations with all three. Reshaping Rogue States seeks to improve our understanding of Iran, Iraq, and North Korea as well as of current and future policy options to combat the threats these nations pose. The book's comprehensive analysis of preemption and regime change debates the circumstances under which each policy might be justified or legal under international law. Prominent strategists and policymakers consider alternatives to preemption—including prevention, counterproliferation, and cooperative security—and draw conclusions from efforts to bring about regime change in the past. Reshaping Rogue States also reviews the differing policy challenges presented by each so-called axis member. Specifically, it considers how the United States might strike a balance with North Korea through multilateral negotiations; the changes within Iran that call for changes in US policy; and the dilemmas the United States faces in post-Saddam Iraq, including continuing insurgency, instability, and the feasibility of democracy.


Book Synopsis Reshaping Rogue States by : Alexander T.J. Lennon

Download or read book Reshaping Rogue States written by Alexander T.J. Lennon and published by MIT Press. This book was released on 2004-07-09 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the policies of preemption and regime change as well as an examination of US policy options for dealing with each country in the "axis of evil." In January 2002, President George W. Bush declared Iran, Iraq, and North Korea constituents of an "axis of evil." US strategy toward each of these countries has clearly varied since, yet similar issues and policy options have emerged for US relations with all three. Reshaping Rogue States seeks to improve our understanding of Iran, Iraq, and North Korea as well as of current and future policy options to combat the threats these nations pose. The book's comprehensive analysis of preemption and regime change debates the circumstances under which each policy might be justified or legal under international law. Prominent strategists and policymakers consider alternatives to preemption—including prevention, counterproliferation, and cooperative security—and draw conclusions from efforts to bring about regime change in the past. Reshaping Rogue States also reviews the differing policy challenges presented by each so-called axis member. Specifically, it considers how the United States might strike a balance with North Korea through multilateral negotiations; the changes within Iran that call for changes in US policy; and the dilemmas the United States faces in post-Saddam Iraq, including continuing insurgency, instability, and the feasibility of democracy.

Striking First

Striking First

Author: Michael W. Doyle

Publisher: Princeton University Press

Published: 2011-03-07

Total Pages: 200

ISBN-13: 1400829631

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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 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.

Intelligence Community Legal Reference Book

Intelligence Community Legal Reference Book

Author:

Publisher:

Published: 2012

Total Pages: 944

ISBN-13:

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Book Synopsis Intelligence Community Legal Reference Book by :

Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cooperation and Conflict between State and Local Government

Cooperation and Conflict between State and Local Government

Author: Russell L. Hanson

Publisher: Rowman & Littlefield

Published: 2021-05-27

Total Pages: 313

ISBN-13: 1538139332

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This book introduces students to the complex landscape of state-local intergovernmental relations today. Each chapter illustrates conflict and cooperation for policy problems including the response to the COVID-19 pandemic, environmental regulation, marijuana regulation, and government management capacity. The contributors, leading experts in the field, help students enhance their understanding of the importance of state-local relations in the U.S. federal system, argue for better analysis of the consequences of state-local relations for the quality of policy outcomes, and introduce them to public service career opportunities in state and local government.


Book Synopsis Cooperation and Conflict between State and Local Government by : Russell L. Hanson

Download or read book Cooperation and Conflict between State and Local Government written by Russell L. Hanson and published by Rowman & Littlefield. This book was released on 2021-05-27 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the complex landscape of state-local intergovernmental relations today. Each chapter illustrates conflict and cooperation for policy problems including the response to the COVID-19 pandemic, environmental regulation, marijuana regulation, and government management capacity. The contributors, leading experts in the field, help students enhance their understanding of the importance of state-local relations in the U.S. federal system, argue for better analysis of the consequences of state-local relations for the quality of policy outcomes, and introduce them to public service career opportunities in state and local government.

Preemption

Preemption

Author: Alan M. Dershowitz

Publisher: W. W. Norton & Company

Published: 2006

Total Pages: 374

ISBN-13: 9780393329346

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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 Preemption by : Alan M. Dershowitz

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.