Federalism And The Tug Of War Within

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Federalism and the Tug of War Within

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Author by : Professor Erin Ryan
Languange Used : English, France, Spanish, Italia and chinese
Page : 432
Isbn : 0199876339
Identifier : 9780199876334
Release : 2011-11-25
Publisher by : Oxford University Press
Category : Law
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Description : Read Now Federalism And The Tug Of War Within by Professor Erin Ryan and you can download with pub, pdf, txt, doc, and more file format with free account. federalism and the tug of war within explores how constitutional interpreters reconcile the competing values that underpin american federalism, with real consequences for governance that require local and national collaboration. drawing examples from hurricane katrina, climate governance, health care reform, and other problems of local and national authority, author erin ryan demonstrates how the supreme court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. the constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. this inherent "tug of war" is responsible for the epic instability in the court's federalism jurisprudence, but it is poorly understood. with new conceptual vocabulary to wrestle with old dilemmas, ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. she proposes a balanced federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. the new framework better harmonizes values that-though in tension-have made the american system of government so effective and enduring.

The Law and Policy of Environmental Federalism A Comparative Analysis

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Author by : Kalyani Robbins
Languange Used : English, France, Spanish, Italia and chinese
Page : 448
Isbn : 1783473622
Identifier : 9781783473625
Release : 2015-12-18
Publisher by : Edward Elgar Publishing
Category : LAW
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Description : Read Now The Law And Policy Of Environmental Federalism by Kalyani Robbins and you can download with pub, pdf, txt, doc, and more file format with free account. how should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? this uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. professor kalyani robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. this review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. the law and policy of environmental federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. the value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or ngos, as well as lobbyists.

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

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Author by : Alberto López - Basaguren
Languange Used : English, France, Spanish, Italia and chinese
Page : 911
Isbn : 3642277179
Identifier : 9783642277177
Release : 2013-06-13
Publisher by : Springer Science & Business Media
Category : Law
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Description : Read Now The Ways Of Federalism In Western Countries And The Horizons Of Territorial Autonomy In Spain by Alberto López - Basaguren and you can download with pub, pdf, txt, doc, and more file format with free account. territorial autonomy in spain has reached a crossroads. after over thirty years of development, the consensus regarding its appropriateness has started to crumble. the transformation project embodied by the reform of statute of catalonia (2006) has failed to achieve its most significant demands. although the concept of spain as a federation is disputed -more within the country than beyond-, the evolution of the spanish system needs to follow a markedly federalist path. in this perspective, reference models assume critical importance. this edition gathers the works of a broad group of european, american and spanish experts who analyse the present-day challenges of their respective systems. the objective, thus, is to contribute ideas which might help to address the evolution of the spanish system in the light of the experience of more established federations. this second volume focuses its attention on the difficulties and challenges faced in two particular fields. on the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of fundamental rights, with special reference to the cases of canada and spain. finally, there is analysis of other specific aspects of the system of territorial autonomy in spain.

Federalism and Legal Unification A Comparative Empirical Investigation of Twenty Systems

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Author by : Daniel Halberstam
Languange Used : English, France, Spanish, Italia and chinese
Page : 559
Isbn : 9400773986
Identifier : 9789400773981
Release : 2013-11-21
Publisher by : Springer Science & Business Media
Category : Law
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Description : Read Now Federalism And Legal Unification by Daniel Halberstam and you can download with pub, pdf, txt, doc, and more file format with free account. how and to what degree do federations produce uniform law within their system? this comparative empirical study addresses these questions comprehensively for the first time. originally produced under the auspices of the international academy of comparative law, this volume examines legal unification in twenty federations around the world. each of the successive chapters presents the forces of unification through the lens of a particular federal system. a comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). the overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. the volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ this book is a milestone in the study of federalism. it is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. gary marks, burton craige professor, unc-chapel hill, and chair in multilevel governance, vrije universiteit amsterdam

Federalism: A Reference Guide to the United States Constitution A Reference Guide to the United States Constitution

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Author by : Vicki C. Jackson
Languange Used : English, France, Spanish, Italia and chinese
Page : 315
Isbn : 1440829969
Identifier : 9781440829963
Release : 2013-09-09
Publisher by : ABC-CLIO
Category : Political Science
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Description : Read Now Federalism A Reference Guide To The United States Constitution by Vicki C. Jackson and you can download with pub, pdf, txt, doc, and more file format with free account. this book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of american federalism as it has been developed in decisions of the united states supreme court. • provides historical information in a clear, chronological order • enables law students and lawyers to improve their understanding of the legal doctrines that underlie today's conflicts. • documents the relationships among different doctrines across particular time periods

Federalism and Subsidiarity NOMOS LV

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Author by : James E. Fleming
Languange Used : English, France, Spanish, Italia and chinese
Page : 464
Isbn : 1479875554
Identifier : 9781479875559
Release : 2014-06-27
Publisher by : NYU Press
Category : Law
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Description : Read Now Federalism And Subsidiarity by James E. Fleming and you can download with pub, pdf, txt, doc, and more file format with free account. in federalism and subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. what are the best justifications for and conceptions of federalism? what are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? what are the implications of the principle of subsidiarity for such questions? what should be the constitutional standing of cities in federations? do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? examining these questions and more, this latest installation in the nomos series sheds new light on the allocation of power within federations.

The Law and Policy of Environmental Federalism A Comparative Analysis

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Author by : Kalyani Robbins
Languange Used : English, France, Spanish, Italia and chinese
Page : 448
Isbn : 1783473622
Identifier : 9781783473625
Release : 2015-12-18
Publisher by : Edward Elgar Publishing
Category : LAW
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Description : Read Now The Law And Policy Of Environmental Federalism by Kalyani Robbins and you can download with pub, pdf, txt, doc, and more file format with free account. how should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? this uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. professor kalyani robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. this review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. the law and policy of environmental federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. the value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or ngos, as well as lobbyists.

Law and Recovery from Disaster Hurricane Katrina

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Author by : Robin Paul Malloy
Languange Used : English, France, Spanish, Italia and chinese
Page : 252
Isbn : 9780754675006
Identifier : 0754675009
Release : 2009
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now Law And Recovery From Disaster by Robin Paul Malloy and you can download with pub, pdf, txt, doc, and more file format with free account. using hurricane katrina as a lens, this volume addresses the problems of property in the aftermath of a major disaster, covering important issues concerning property law, public policy, disaster preparedness and community recovery.

Federalism and the Market Intergovernmental Conflict and Economic Reform in the Developing World

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Author by : Erik Wibbels
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 9781139444521
Identifier : 1139444522
Release : 2005-05-02
Publisher by : Cambridge University Press
Category : Political Science
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Description : Read Now Federalism And The Market by Erik Wibbels and you can download with pub, pdf, txt, doc, and more file format with free account. this book, first published in 2005, develops a comparative model of intergovernmental bargaining to account for variation in the capacity of federations in the developing world to undertake economic policy reform, suggesting that many market reform policies are a function of a constant process of bargaining between national and regional leaders struggling for political survival. as the degree of national-regional disagreement mounts, collective action on reforms that require implementation at multiple levels of government becomes more difficult. the degree to which the two factors conflict depends on four factors: the individual electoral interests, a shared intergovernmental fiscal system, the manner in which regional interests are represented in national policy making and the levers of partisan influence national leaders have over subnational politicians. in testing the argument with a combination of cross-sectional time-series and case study analysis, this book contributes to the broad literatures on development and the comparative political economy of federalism and decentralization.

Taming Globalization International Law, the U.S. Constitution, and the New World Order

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Author by : Julian Ku
Languange Used : English, France, Spanish, Italia and chinese
Page : 272
Isbn : 0199837422
Identifier : 9780199837427
Release : 2012-04-05
Publisher by : Oxford University Press
Category : LAW
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Description : Read Now Taming Globalization by Julian Ku and you can download with pub, pdf, txt, doc, and more file format with free account. as the nations of the world become more interconnected and less isolated every day, the u.s. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. in taming globalization, julian ku and john yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the u.s. this reconciliation of globalization and the u.s. constitution will influence debates now raging in courtrooms, the halls of congress, and the public arena.

Environmental Federalism Thinking Smaller

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Author by : Terry Lee Anderson
Languange Used : English, France, Spanish, Italia and chinese
Page : 32
Isbn :
Identifier : IND:30000053001214
Release : 1996
Publisher by : no defined
Category : Environmental law
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Measuring Regional Authority A Postfunctionalist Theory of Governance

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Author by : Liesbet Hooghe
Languange Used : English, France, Spanish, Italia and chinese
Page : 704
Isbn : 0191044679
Identifier : 9780191044670
Release : 2016-01-28
Publisher by : Oxford University Press
Category : Political Science
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Description : Read Now Measuring Regional Authority by Liesbet Hooghe and you can download with pub, pdf, txt, doc, and more file format with free account. this is the first of five ambitious volumes theorizing the structure of governance above and below the central state. this book is written for those interested in the character, causes, and consequences of governance within the state and for social scientists who take measurement seriously. the book sets out a measure of regional authority for 81 countries in north america, europe, latin america, asia, and the pacific from 1950 to 2010. subnational authority is exercised by individual regions, and this measure is the first that takes individual regions as the unit of analysis. on the premise that transparency is a fundamental virtue in measurement, the authors chart a new path in laying out their theoretical, conceptual, and scoring decisions before the reader. the book also provides summaries of regional governance in 81 countries for scholars and students alike. transformations in governance is a major new academic book series from oxford university press. it is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. it brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. the series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. the series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. authors use qualitative, quantitative, formal modeling, or mixed methods. a trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. the series is edited by liesbet hooghe and gary marks of the university of north carolina, chapel hill, and the vu amsterdam, and walter mattli of the university of oxford.