Federalism On Trial
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Federalism On Trial
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Author : Paul Nolette
language : en
Publisher: University Press of Kansas
Release Date : 2015-02-23
Federalism On Trial written by Paul Nolette and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-23 with Political Science categories.
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Federalism Is On Trial
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Author : Rodrigue Biron
language : en
Publisher:
Release Date : 1977
Federalism Is On Trial written by Rodrigue Biron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Canada categories.
Federalism As Seen By The U S Supreme Court
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Author : Richard H. W. Maloy
language : en
Publisher: Vandeplas Pub.
Release Date : 2008
Federalism As Seen By The U S Supreme Court written by Richard H. W. Maloy and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional law categories.
Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."
Rights On Trial
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Author : Paul Lermack
language : en
Publisher:
Release Date : 1983
Rights On Trial written by Paul Lermack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
This text explains the Supreme Court's selective incorporation opinions of 1961-1969 and the result of the broadening of the Bill of Rights on state criminal law. The author views the emergence of a cooperative federalism.
Human Rights On Trial
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Author : Justine Lacroix
language : en
Publisher: Human Rights in History
Release Date : 2018-05-31
Human Rights On Trial written by Justine Lacroix and has been published by Human Rights in History this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with History categories.
The first contemporary overview of the critiques of human rights in Western political thought, from the French Revolution to the present day.
Federalism
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Author : Mark J. Rozell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-11-15
Federalism written by Mark J. Rozell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Political Science categories.
Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.
Handbook Of Fiscal Federalism
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Author : E. Ahmad
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006
Handbook Of Fiscal Federalism written by E. Ahmad and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
This volume provides comprehensive coverage of fiscal federalism by some of the leading scholars in the field. . . This Handbook is an excellent addition to the present discourse on the role of the state in fiscal matters. This reviewer would recommend this book as a required text for a graduate or senior class on public finance or economic development. Researchers in economic development, public finance, and fiscal policy likewise would find this volume useful. Highly recommended. Upper-division undergraduate through professional collections. J. Raman, Choice This major Handbook addresses fiscal relations between different levels of government under the general rubric of fiscal federalism , providing a review of the latest literature as well as an invaluable guide for practitioners and policy makers seeking informed policy options. The contributors include leading lights in the field, many of whom have themselves made seminal contributions to the literature. Comprehensive and wide in coverage, the issues covered range from federal systems to other forms of intergovernmental relations, such as supra-national constructs namely, the European Union unitary states, regional systems, and more decentralized operations, including community level organizations. The political economy approach emphasizes the importance of institutional arrangements, including the legal, political and administrative aspects, and information flows to ensure that there are appropriate incentives and sanctions to generate good governance. This Handbook also devotes attention to emerging issues, such as environmental protection, the sharing of natural resources among levels of government, corruption and the impact of federalism and decentralization on national unity. It will be a vital reference tool for the area for many years to come.
Judicial Federalism In Australia
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Author : Gabrielle Appleby
language : en
Publisher:
Release Date : 2021-05-15
Judicial Federalism In Australia written by Gabrielle Appleby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-15 with categories.
Comparative Federalism
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Author : Michael Burgess
language : en
Publisher: Routledge
Release Date : 2006-09-27
Comparative Federalism written by Michael Burgess and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-27 with Political Science categories.
A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.
Congress And Crime
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Author : Joseph F. Zimmerman
language : en
Publisher: Lexington Books
Release Date : 2014-08-06
Congress And Crime written by Joseph F. Zimmerman and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-06 with Political Science categories.
This book reviews the impact of congressional federalization of state criminal laws. Zimmerman offers recommendations on how to address the issues created by such federal actions at both the national and state levels.