Litigating Federalism
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Litigating Federalism
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Author : Bill Swinford
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1999-01-30
Litigating Federalism written by Bill Swinford and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-30 with Law categories.
Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.
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.
Interest Groups And Judicial Federalism
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Author : Donald J. Farole
language : en
Publisher: Praeger
Release Date : 1998-04-23
Interest Groups And Judicial Federalism written by Donald J. Farole and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-04-23 with Law categories.
Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards. Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas—eminent domain and obscenity—in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.
Real Federalism
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Author : Michael S. Greve
language : en
Publisher: American Enterprise Institute
Release Date : 1999
Real Federalism written by Michael S. Greve and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Federal government categories.
Real federalism is a federalism that promotes citizen choice and competition among the states
Federal Courts
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Author : Arthur D. Hellman
language : en
Publisher:
Release Date : 2013
Federal Courts written by Arthur D. Hellman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Courts categories.
The Rules Of Federalism
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Author : R. Daniel. KELEMEN
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
The Rules Of Federalism written by R. Daniel. KELEMEN and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Business & Economics categories.
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Controversies In American Federalism And Public Policy
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Author : Christopher P. Banks
language : en
Publisher: Routledge
Release Date : 2018-03-13
Controversies In American Federalism And Public Policy written by Christopher P. Banks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-13 with Law categories.
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
The Changing Faces Of Federalism
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Author : Sergio Ortino
language : en
Publisher: Manchester University Press
Release Date : 2005
The Changing Faces Of Federalism written by Sergio Ortino and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
This book discusses the tradition and the institutions of federalism in the Eastern, Central and Western European countries and deals with many innovative issues such as multi-level-governance, network government, devolution, subsidiarity, asymmetry and functionalism. An assumption of the book is that the European enlargement and the new European constitution could result in two major evolutions in the future: one is a full federal state, the other is an institutional response to the effects of the technological innovations of our epoch.
The American Illness
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Author : F. H. Buckley
language : en
Publisher: Yale University Press
Release Date : 2013-05-28
The American Illness written by F. H. Buckley and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-28 with Political Science categories.
DIVThis provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s long postwar decline. The book provides a comprehensive overview of the interactions between economics and the law—in such areas as corruption, business regulation, and federalism—and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth./div
Safeguarding Federalism
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Author : John D. Nugent
language : en
Publisher: University of Oklahoma Press
Release Date : 2012-11-27
Safeguarding Federalism written by John D. Nugent and has been published by University of Oklahoma Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-27 with Political Science categories.
Explains the dynamics of federalism in today’s policymaking process The checks and balances built into the U.S. Constitution are designed to decentralize and thus limit the powers of government. This system works both horizontally—among the executive, legislative, and judicial branches—and vertically—between the federal government and state governments. That vertical separation, known as federalism, is intended to restrain the powers of the federal government, yet many political observers today believe that the federal government routinely oversteps its bounds at the expense of states. In Safeguarding Federalism, John D. Nugent argues that contrary to common perception, federalism is alive and well—if in a form different from what the Framers of the Constitution envisioned. According to Nugent, state officials have numerous options for affecting the development and implementation of federal policy and can soften, slow down, or even halt federal efforts they perceive as harming their interests. Nugent describes the general approaches states use to safeguard their interests, such as influencing the federal policy, contributing to policy formulation, encouraging or discouraging policy enactment, participating in policy implementation, and providing necessary feedback on policy success or failure. Demonstrating the workings of these safeguards through detailed analysis of recent federal initiatives, including the 1996 welfare reform law, the Clean Air Act, moratoriums on state taxation of Internet commerce, and the highly controversial No Child Left Behind Act, Nugent shows how states’ promotion of their own interests preserves the Founders’ system of constitutional federalism today.