The Timing of Lawmaking

Author: Frank Fagan,Saul Levmore

Publisher: Edward Elgar Publishing

ISBN: 1785364332

Category:

Page: 368

View: 6762

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
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The Timing of Lawmaking

Author: Frank Fagan,Saul Levmore

Publisher: Edward Elgar Publishing

ISBN: 9781785364327

Category:

Page: 368

View: 1332

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.
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Due Process of Lawmaking

The United States, South Africa, Germany, and the European Union

Author: Susan Rose-Ackerman,Stefanie Egidy,James Fowkes

Publisher: Cambridge University Press

ISBN: 1316194744

Category: Law

Page: N.A

View: 5699

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
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The Economics of Lawmaking

Author: Francesco Parisi,Vincy Fon

Publisher: Oxford University Press

ISBN: 0195374150

Category: Law

Page: 329

View: 9797

The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.
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The Offensive Internet

Author: Martha Craven Nussbaum

Publisher: Harvard University Press

ISBN: 0674058763

Category: Law

Page: 312

View: 6773

The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
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The Law-Making Process

Author: Michael Zander

Publisher: Bloomsbury Publishing

ISBN: 1782258078

Category: Law

Page: 510

View: 2562

As a critical analysis of the law-making process, this book has no equal. For more than three decades it has filled a gap in the requirements of students in law or political science taking introductory courses on the legal system and is now in its 7th edition. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources ? cases, official reports, articles, books, speeches and empirical research studies ? laced with the author's informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications. "In a crowded market place Zander's latest edition of The Law-Making Process stands out like a beacon in the fog. Well chosen extracts from stimulating texts enable the neophyte student of the law making process in England and Wales to grapple with the issues of the hour with a forcefulness and insight we have long come to associate with the author. Highly recommended." Professor Alan Paterson "Law-making is important, fascinating, and fun. This new edition of Michael Zander's stimulating book on law-making brings that out. It takes account of the many developments since the 6th edition in 2004, ranging across the work of the Law Commission, parliamentary scrutiny of Bills, the relationship between our courts and the European Court of Human Rights, the EU, and many other matters. Well chosen extracts and thought-provoking commentary help law and politics students at every level to understand the raw material with which they work, and make more experienced practitioners and academics look afresh at topics we thought we understood. I recommend it highly." Professor David Feldman "As counsel, judge and now cross-bencher in the House of Lords I have been taking part in the law-making process for over fifty years. In explaining to me what I have been up to, Michael Zander both informed and amused. Not only does he deal in detail with every aspect of the law-making process, but he has assembled a rich cornucopia of commentary from a wide variety of sources. He has shown a degree of self-restraint in expressing his own views, though his use of an adverb made them pleasingly plain when he stated "On 3 October, 2014, the Conservative Party published an 8 page document, brazenly called "Protecting Human Rights in the UK??. I commend this book to anyone who wishes to understand the far from simple way that law is made in this country." Lord Phillips
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Production of Legal Rules

Author: F. Parisi

Publisher: Edward Elgar Publishing

ISBN: 1782540512

Category:

Page: 431

View: 347

'The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.' - Ariel Porat, Tel Aviv University, Israel
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Constitutional Sunsets and Experimental Legislation

a Comparative Perspective

Author: Sofia Ranchordás

Publisher: Edward Elgar Publishing

ISBN: 1783478950

Category: Law

Page: 256

View: 5319

This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.
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Our Supreme Court

A History with 14 Activities

Author: Richard Panchyk

Publisher: Chicago Review Press

ISBN: 1613740476

Category: Juvenile Nonfiction

Page: 208

View: 5663

This lively and comprehensive activity book teaches young readers everything they need to know about the nation's highest court. Organized around keystones of the Constitution--including free speech, freedom of religion, civil rights, criminal justice, and property rights--the book juxtaposes historical cases with similar current cases. Presented with opinions from both sides of the court cases, readers can make up their own minds on where they stand on the important issues that have evolved in the Court over the past 200 years. Interviews with prominent politicians, high-court lawyers, and those involved with landmark decisions--including Ralph Nader, Rudolph Giuliani, Mario Cuomo, and Arlen Specter--show the personal impact and far-reaching consequences of the decisions. Fourteen engaging classroom-oriented activities involving violations of civil rights, exercises of free speech, and selecting a classroom Supreme Court bring the issues and cases to life. The first 15 amendments to the Constitution and a glossary of legal terms are also included.
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Battered Women and Feminist Lawmaking

Author: Elizabeth M. Schneider

Publisher: Yale University Press

ISBN: 0300128932

Category: Law

Page: 332

View: 5805

Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.
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Unorthodox Lawmaking

New Legislative Processes in the U.S. Congress

Author: Barbara Sinclair

Publisher: CQ Press

ISBN: 1506322859

Category: Political Science

Page: 320

View: 3306

Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
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Combative Politics

The Media and Public Perceptions of Lawmaking

Author: Mary Layton Atkinson

Publisher: University of Chicago Press

ISBN: 022644192X

Category: Political Science

Page: 211

View: 1904

From the Affordable Care Act to No Child Left Behind, politicians often face a puzzling problem: although most Americans support the aims and key provisions of these policies, they oppose the bills themselves. How can this be? Why does the American public so often reject policies that seem to offer them exactly what they want? By the time a bill is pushed through Congress or ultimately defeated, we’ve often been exposed to weeks, months—even years—of media coverage that underscores the unpopular process of policymaking, and Mary Layton Atkinson argues that this leads us to reject the bill itself. Contrary to many Americans’ understandings of the policymaking process, the best answer to a complex problem is rarely self-evident, and politicians must weigh many potential options, each with merits and drawbacks. As the public awaits a resolution, the news media tend to focus not on the substance of the debate but on descriptions of partisan combat. This coverage leads the public to believe everyone in Washington has lost sight of the problem altogether and is merely pursuing policies designed for individual political gain. Politicians in turn exacerbate the problem when they focus their objections to proposed policies on the lawmaking process, claiming, for example, that a bill is being pushed through Congress with maneuvers designed to limit minority party input. These negative portrayals become linked in many people’s minds with the policy itself, leading to backlash against bills that may otherwise be seen as widely beneficial. Atkinson argues that journalists and educators can make changes to help inoculate Americans against the idea that debate always signifies dysfunction in the government. Journalists should strive to better connect information about policy provisions to the problems they are designed to ameliorate. Educators should stress that although debate sometimes serves political interests, it also offers citizens a window onto the lawmaking process that can help them evaluate the work their government is doing.
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Legal Orderings and Economic Institutions

Author: Fabrizio Cafaggi,Antonio Nicita,Ugo Pagano

Publisher: Routledge

ISBN: 1134331002

Category: Business & Economics

Page: 368

View: 7759

This book addresses the lively interaction between the disciplines of law and economics. The traditional boundaries of these two disciplines have somehow inhibited a full understanding of the functioning of and the evolution of economic and legal systems. It has often been the case that these boundaries have had to be reshaped, and sometimes abolished, before either one of the two disciplines could successfully clarify the real life problems arising from the complex institutions of contemporary societies. The contributions to this volume encompass some of the core controversial issues in law and economics arising from interactions between legal orderings and economic institutions. They include: the nature of institutional and legislative change and the emergence of strong institutional complementarity in legal positions the relationship between private orderings and the role of the State in enforcing contracts and defining property rights the nature and dynamics of endogenous enforcement and the analysis of governance models and corporate ethics. Part of the renowned Siena Studies in Political Economy series, this book will be an essential read for postgraduates and researchers in the fields of law and economics, and the economics of institutions.
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Sustainable Development in International Law Making and Trade

International Food Governance and Trade in Agriculture

Author: Elisabeth Bürgi Bonanomi

Publisher: Edward Elgar Publishing

ISBN: 1784717274

Category: Business & Economics

Page: 464

View: 3945

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
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The Logic of Law Making in Islam

Women and Prayer in the Legal Tradition

Author: Behnam Sadeghi

Publisher: Cambridge University Press

ISBN: 1139789252

Category: History

Page: N.A

View: 5350

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.
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Making the Law of the Sea

A Study in the Development of International Law

Author: James Harrison

Publisher: Cambridge University Press

ISBN: 1139496190

Category: Law

Page: N.A

View: 5418

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
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The American Congress

The Building of Democracy

Author: Julian E. Zelizer

Publisher: Houghton Mifflin Harcourt

ISBN: 9780547345505

Category: Political Science

Page: 784

View: 9243

Congress is the heart and soul of our democracy, the place where interests are brokered, laws are established, and innovation is turned into concrete action. It is also where some of democracy's greatest virtues clash with its worst vices: idealism and compromise meet corruption and bitter partisanship. The American Congress unveils the rich and varied history of this singular institution. Julian E. Zelizer has gathered together forty essays by renowned historians to capture the full drama, landmark legislation, and most memorable personalities of Congress. Organized around four major periods of congressional history, from the signing of the Constitution to the creation of the Department of Homeland Security, this volume brings a fresh perspective to familiar watershed events: the Civil War, Watergate, the Vietnam War. It also gives a behind-the-scenes look at lesser-known legislation debated on the House and Senate floors, such as westward expansion and war powers control. Here are the stories behind the 1868 vote to impeach President Andrew Johnson; the rise of Jeannette Rankin, the first woman elected to Congress and a leading advocate for pacifism; and the controversy surrounding James Eastland of Mississippi, who carried civil rights bills in his pockets so they could not come up for a vote. Sidebars further spotlight notables including Huey Long, Sam Rayburn, and Tip O'Neill, bringing the sweeping history of our lawmaking bodies into sharp focus. If you've ever wondered how Congress worked in the past or what our elected officials do today, this book gives the engaging, often surprising, answers.
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Tales from the Sausage Factory

Making Laws in New York State

Author: Daniel L. Feldman,Gerald Benjamin

Publisher: SUNY Press

ISBN: 1438434030

Category: Biography & Autobiography

Page: 391

View: 4968

A former state legislator and a political scientist team up to show how New York's legislature was once the nation's model professional legislature, and how it might recover from its present dysfunction.
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Research Handbook on International Environmental Law

Author: Malgosia Fitzmaurice,David M. Ong,Panos Merkouris

Publisher: Edward Elgar Publishing

ISBN: 1849807264

Category: Law

Page: 736

View: 2470

. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
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The US Congress for Kids

Over 200 Years of Lawmaking, Deal-Breaking, and Compromising, with 21 Activities

Author: Ronald A. Reis,Henry Waxman,Kristi Noem

Publisher: Chicago Review Press

ISBN: 1613749805

Category: Juvenile Nonfiction

Page: 144

View: 332

With a focus on dramatic stories, personalities, and turning points, The US Congress for Kids examines the major milestones in congressional history, from the abolition of slavery, extending the vote to African Americans and to women, and investigating misconduct in both government and private institutions. Young history buffs will love the drama, controversy, and colorful characters that have always been part of Congress's history while teachers and parents will appreciate the thorough coverage and clear discussions of Congressional purpose, structure, history, and ongoing issues. Helping kids understand why government matters, the book looks beyond the Washington "beltway" to how members of Congress interact with constituents, those citizens that put them in office. Educational, hands-on activities that illuminate the workings of the US Congress include making a House ceremonial mace, creating your own congressional money, making a capitol dome, and designing a Congressional Medal of Honor. Ronald A. Reis is the author of numerous nonfiction books for kids and young adults, including Christopher Columbus and the Age of Exploration for Kids, selected for the National Council for Social Studies (NCSS) Notable Social Studies Trade Books for Young People list. He lives in Calabasas, California. Henry A. Waxman, a Democrat, is the US representative for California's 33rd congressional district. Kristi Noem, a Republican, is the US representative for South Dakota's at-large congressional district.
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