Preemption
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Preemption A Knife That Cuts Both Ways Issues Of Our Time
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Author : Alan M. Dershowitz
language : en
Publisher: W. W. Norton & Company
Release Date : 2007-02-17
Preemption A Knife That Cuts Both Ways Issues Of Our Time written by Alan M. Dershowitz and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-17 with Law categories.
“A path-breaking must-read for government leaders, strategists, and all concerned Americans.”—General Wesley K. Clark In Preemption one of our nation’s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government’s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society’s increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the U.S. Court of Appeals calls “lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.
Preemption Choice
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Author : William W. Buzbee
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-15
Preemption Choice written by William W. Buzbee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-15 with Law categories.
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
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Author : James T. O'Reilly
language : en
Publisher: American Bar Association
Release Date : 2006
Federal Preemption Of State And Local Law written by James T. O'Reilly and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
Preemption
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Author : Henry Shue
language : en
Publisher: Oxford University Press, USA
Release Date : 2007-11
Preemption written by Henry Shue 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 2007-11 with History categories.
Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.
Beyond Preemption
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Author : Ivo H. Daalder
language : en
Publisher: Rowman & Littlefield
Release Date : 2008-04-01
Beyond Preemption written by Ivo H. Daalder and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-01 with Political Science categories.
America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).
The Preemption War
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Author : Thomas O. McGarity
language : en
Publisher: Yale University Press
Release Date : 2008-12-02
The Preemption War written by Thomas O. McGarity 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 2008-12-02 with Political Science categories.
Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.
Federal Preemption
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Author : Joseph F. Zimmerman
language : en
Publisher:
Release Date : 1991-01-01
Federal Preemption written by Joseph F. Zimmerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with categories.
Striking First
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Author : Michael W. Doyle
language : en
Publisher: Princeton University Press
Release Date : 2011-03-07
Striking First written by Michael W. Doyle and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-07 with Political Science categories.
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.
Preemption Prevention And Proliferation
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Author : George H. Quester
language : en
Publisher: Routledge
Release Date : 2017-07-28
Preemption Prevention And Proliferation written by George H. Quester and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Political Science categories.
How do international systems deal with the threat and use of weapons of war? In this sophisticated yet accessible analysis, a leading strategic analyst takes readers deep into twentieth century history to answer this question. Weapons of mass destruction, and the counter threat of retaliation, have been central concerns in strategic decision- making in World War I, the legacy of World War II, and the Cold War era.Few people can traverse issues of global confl ict with more historical insight than George Quester. His writing is lucid, and his information either new or imperfectly understood in the past. Quester details the ways weapons of war have infl uenced the forging of policies in the twenty-fi rst century. He argues for the retention of appropriate weapons systems, but also for care in when they are used. Priorities exist, but they depend on whether a state is dealing with major powers or rogue states. And off ensive weapons may well become an option in response to non-state terrorist groups or for that matter state-sponsored terrorist acts.When aggression has already occurred, the world is less likely to regard military response as a violation of the peace. Quester cites Clausewitz's adage that the aggressor is always willing to exploit the world's preference for peace. The rise of the human rights movement adds more complexities to preemptive war and prevention, since the line between civilian and military casualties becomes increasingly blurred. The risks may be great, the choices are few--but the needs of military policy making remain high on the agenda. As a result, the concerns discussed here will be on the global political agenda for years to come.
Federal Preemption
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Author : Joseph Francis Zimmerman
language : en
Publisher: Wiley-Blackwell
Release Date : 1991
Federal Preemption written by Joseph Francis Zimmerman and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Political Science categories.