Congressional Preemption

Author : Joseph F. Zimmerman
Publisher : State University of New York Press
Page : 304 pages
File Size : 45,7 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791482735

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Congressional Preemption by Joseph F. Zimmerman Pdf

Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.

Author : Joseph F. Zimmerman
Publisher : SUNY Press
Page : 162 pages
File Size : 41,7 Mb
Release : 2016-02-09
Category : Political Science
ISBN : 9781438460970

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Innovative Congressional Minimum Standards Preemption Statutes by Joseph F. Zimmerman Pdf

Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes. Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.

Author : James T. O'Reilly
Publisher : American Bar Association
Page : 252 pages
File Size : 41,7 Mb
Release : 2006
Category : Law
ISBN : 1590317440

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Federal Preemption of State and Local Law by James T. O'Reilly Pdf

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.

Author : United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations
Publisher : Unknown
Page : 418 pages
File Size : 49,7 Mb
Release : 2004
Category : Business & Economics
ISBN : PURD:32754075286645

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Congressional Review of OCC Preemption by United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations Pdf

Author : William W. Buzbee
Publisher : Cambridge University Press
Page : 337 pages
File Size : 49,5 Mb
Release : 2008-12-15
Category : Law
ISBN : 9781139474818

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Preemption Choice by William W. Buzbee Pdf

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.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 204 pages
File Size : 48,6 Mb
Release : 2008
Category : Electronic government information
ISBN : STANFORD:36105050478929

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Regulatory Preemption by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : Thomas O. McGarity
Publisher : Yale University Press
Page : 367 pages
File Size : 42,9 Mb
Release : 2008-12-02
Category : Political Science
ISBN : 9780300152203

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The Preemption War by Thomas O. McGarity Pdf

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.

Author : Richard Allen Epstein,Michael Greve,Michael S. Greve
Publisher : A E I Press
Page : 388 pages
File Size : 41,5 Mb
Release : 2007
Category : Law
ISBN : UOM:49015003403533

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Federal Preemption by Richard Allen Epstein,Michael Greve,Michael S. Greve Pdf

This book considers federalism's constitutional basis and its practical applications.

Author : Joseph Francis Zimmerman
Publisher : Wiley-Blackwell
Page : 248 pages
File Size : 52,8 Mb
Release : 1991
Category : Exclusive and concurrent legislative powers
ISBN : UCAL:B4389672

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Federal Preemption by Joseph Francis Zimmerman Pdf

Author : Anonim
Publisher : Unknown
Page : 92 pages
File Size : 54,7 Mb
Release : 1986
Category : Exclusive and concurrent legislative powers
ISBN : STANFORD:36105062175273

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Preemption, Drawing the Line by Anonim Pdf

Author : Steven L. Emanuel
Publisher : Aspen Publishing
Page : 470 pages
File Size : 47,9 Mb
Release : 2021-02-22
Category : Law
ISBN : 9781543827187

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Emanuel CrunchTime for Constitutional Law by Steven L. Emanuel Pdf

When it’s exam time you need the right information in the right format to study efficiently and effectively. Emanuel® CrunchTime is the perfect tool for exam studying. With flowcharts and capsule summaries of major points of law and critical issues, as well as exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers – you will be prepared for your next big test. Here's why you will need Emanuel® CrunchTime to help you ace your exams: Perfect for the visual learner: The flow charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. Featured capsule summaries help you quickly review key concepts not just before the exam, but throughout the semester Exams Tips recap the most commonly tested issues and fact patterns.

Author : Anonim
Publisher : Unknown
Page : 1312 pages
File Size : 53,9 Mb
Release : 1894
Category : Electronic
ISBN : BSB:BSB11469715

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Congressional Record by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 712 pages
File Size : 47,7 Mb
Release : 1871
Category : Electronic
ISBN : BSB:BSB11180362

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The Congressional globe by Anonim Pdf

Author : Joseph Francis Zimmerman
Publisher : Wiley-Blackwell
Page : 248 pages
File Size : 41,8 Mb
Release : 1991
Category : Political Science
ISBN : UOM:39015019426504

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Federal Preemption by Joseph Francis Zimmerman Pdf

Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 180 pages
File Size : 44,7 Mb
Release : 1955
Category : Law
ISBN : UIUC:30112121380197

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Establishing Rules of Interpretation Governing Questions of the Effect of Acts of Congress on State Laws by United States. Congress. House. Committee on the Judiciary Pdf