The Timing of Lawmaking

Author: Frank Fagan,Saul Levmore

Publisher: Edward Elgar Publishing

ISBN: 1785364332

Category:

Page: 368

View: 7387

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 Offensive Internet

Author: Martha Craven Nussbaum

Publisher: Harvard University Press

ISBN: 0674058763

Category: Law

Page: 312

View: 1813

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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Production of Legal Rules

Author: F. Parisi

Publisher: Edward Elgar Publishing

ISBN: 1782540512

Category:

Page: 431

View: 9898

'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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The Substance of Representation

Congress, American Political Development, and Lawmaking

Author: John S. Lapinski

Publisher: Princeton University Press

ISBN: 1400848636

Category: Political Science

Page: 192

View: 4556

Lawmaking is crucial to American democracy because it completely defines and regulates the public life of the nation. Yet despite its importance, political scientists spend very little time studying the direct impact that the politics surrounding a particular issue has on lawmaking. The Substance of Representation draws on a vast range of historical and empirical data to better understand how lawmaking works across different policy areas. Specifically, John Lapinski introduces a theoretically grounded method for parsing policy issues into categories, and he shows how policymaking varies in predictable ways based on the specific issue area being addressed. Lapinski examines the ways in which key factors that influence policymaking matter for certain types of policy issues, and he includes an exhaustive look at how elite political polarization shifts across these areas. He considers how Congress behaves according to the policy issue at hand, and how particular areas--such as war, sovereignty issues, and immigration reform--change legislative performance. Relying on records of all Congressional votes since Reconstruction and analyzing voting patterns across policy areas from the late nineteenth to late twentieth centuries, Lapinski provides a comprehensive historical perspective on lawmaking in order to shed light on current practices. Giving a clear picture of Congressional behavior in the policymaking process over time, The Substance of Representation provides insights into the critical role of American lawmaking.
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The Economics of Lawmaking

Author: Francesco Parisi,Vincy Fon

Publisher: Oxford University Press

ISBN: 0195374150

Category: Law

Page: 329

View: 3343

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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Constitutional Sunsets and Experimental Legislation

a Comparative Perspective

Author: Sofia Ranchordás

Publisher: Edward Elgar Publishing

ISBN: 1783478950

Category: Law

Page: 256

View: 9006

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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Unorthodox Lawmaking

New Legislative Processes in the U.S. Congress

Author: Barbara Sinclair

Publisher: CQ Press

ISBN: 1506322859

Category: Political Science

Page: 320

View: 8413

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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Living Legislation

Durability, Change, and the Politics of American Lawmaking

Author: Jeffery A. Jenkins,Eric M. Patashnik

Publisher: University of Chicago Press

ISBN: 0226396444

Category: Law

Page: 359

View: 7250

Politics is at its most dramatic during debates over important pieces of legislation. It is thus no stretch to refer to legislation as a living, breathing force in American politics. And while debates over legislative measures begin before an item is enacted, they also endure long afterward, when the political legacy of a law becomes clear. Living Legislation provides fresh insights into contemporary American politics and public policy. Of particular interest to the contributors to this volume is the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Among the topics the essays discuss are how laws emerge from—and effect change within—coalition structures, the effectiveness of laws at mediating partisan conflicts, and the ways in which laws interact with broader shifts in the political environment. As an essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.
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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: 9904

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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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: 8172

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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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: 7629

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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Pivotal Politics

A Theory of U.S. Lawmaking

Author: Keith Krehbiel

Publisher: University of Chicago Press

ISBN: 9780226452739

Category: Political Science

Page: 274

View: 1240

Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little effect on legislative productivity. Gridlock is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored to real politics, Krehbiel argues that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the vote that allows its supporters to override a possible presidential veto or to put a halt to a filibuster. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of when gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of American lawmaking.
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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: 4383

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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Legislative Principles

The History and Theory of Lawmaking by Representative Government

Author: Robert Luce

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775432

Category: Law

Page: 667

View: 1769

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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: 2041

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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Research Handbook on the Law of the EU’s Internal Market

Author: Panos Koutrakos,Jukka Snell

Publisher: Edward Elgar Publishing

ISBN: 1783478101

Category:

Page: 560

View: 5465

While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.
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The Law-Making Process

Author: Michael Zander

Publisher: Bloomsbury Publishing

ISBN: 1782258078

Category: Law

Page: 510

View: 1948

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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Legislating in the Dark

Information and Power in the House of Representatives

Author: James M. Curry

Publisher: University of Chicago Press

ISBN: 022628185X

Category: Political Science

Page: 264

View: 858

The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time. The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science.
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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: 3881

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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