Exceptions To The Rule

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Exceptions to the Rule

Author : Molly E. Reynolds
Publisher : Brookings Institution Press
Page : 290 pages
File Size : 54,9 Mb
Release : 2017-07-18
Category : Political Science
ISBN : 9780815729976

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Exceptions to the Rule by Molly E. Reynolds Pdf

Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

Exceptions Are the Rule

Author : Joel Levine
Publisher : Routledge
Page : 324 pages
File Size : 44,7 Mb
Release : 2020-12-17
Category : Electronic
ISBN : 0367154781

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Exceptions Are the Rule by Joel Levine Pdf

This book shows why quantitative social science must develop by its own rules, distinct from those that govern the disciplines of mathematics and statistics. It discusses the use of various quantitative methods through data analysis, philosophy, and close analysis of well-known examples.

Allowing for Exceptions

Author : Luís Duarte d'Almeida
Publisher : OUP Oxford
Page : 305 pages
File Size : 52,8 Mb
Release : 2015-03-26
Category : Law
ISBN : 9780191508998

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Allowing for Exceptions by Luís Duarte d'Almeida Pdf

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.

Exceptions in International Law

Author : Lorand Bartels,Federica Paddeu
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 43,7 Mb
Release : 2020-06-18
Category : Law
ISBN : 9780198789321

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Exceptions in International Law by Lorand Bartels,Federica Paddeu Pdf

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

Allowing for Exceptions

Author : Luís Duarte d'Almeida
Publisher : Oxford Legal Philosophy
Page : 321 pages
File Size : 49,7 Mb
Release : 2015
Category : Law
ISBN : 9780199685783

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Allowing for Exceptions by Luís Duarte d'Almeida Pdf

Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.

Rule Without Exception

Author : Lewis Baltz
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2012
Category : Architectural photography
ISBN : 3869301104

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Rule Without Exception by Lewis Baltz Pdf

"Rule Without Exception" is a re-issue of Baltz's award-winning mid-career retrospective book which accompanied a travelling exhibition of the same name in 1991. The book surveys Baltz's work from 'The Prototype Works' of 1967 through to 'Sites of Technology' of 1991, showing the range of his images of industrialised landscapes and technological sites. Each section of the book is accompanied by installation views as well as texts by distinguished writers, some newly commissioned for this edition. "Only Exceptions" is a new book chronicling Baltz's work - now usually site-generated commissioned works - from 1992 to the present and is published on the occasion of an exhibition organized by the Kunstmuseum, Bonn. Includes Baltz's work in California, Leipzig's 'Black Triangle', Reggio Emilia, Groningen, Rome, Venice, and two projects with Jean Nouvel in France and Italy.

Rules, Exceptions, and Social Order

Author : Robert B. Edgerton
Publisher : Univ of California Press
Page : 340 pages
File Size : 47,5 Mb
Release : 2023-11-10
Category : Political Science
ISBN : 9780520347434

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Rules, Exceptions, and Social Order by Robert B. Edgerton Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.

Tajweed Guide to Read Right, part 1

Author : Neveen Essam-Aldeen
Publisher : Lulu.com
Page : 78 pages
File Size : 49,9 Mb
Release : 2015
Category : Electronic
ISBN : 9781326276690

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Tajweed Guide to Read Right, part 1 by Neveen Essam-Aldeen Pdf

Exceptions in EU Copyright Law

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 54,6 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

United States Code

Author : United States
Publisher : Unknown
Page : 1342 pages
File Size : 41,7 Mb
Release : 1995
Category : Law
ISBN : UCR:31210025663293

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United States Code by United States Pdf

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 54,5 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Expecting the Unexpected: Exceptions in Grammar

Author : Horst J. Simon,Heike Wiese
Publisher : Walter de Gruyter
Page : 461 pages
File Size : 50,6 Mb
Release : 2011-03-29
Category : Language Arts & Disciplines
ISBN : 9783110219098

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Expecting the Unexpected: Exceptions in Grammar by Horst J. Simon,Heike Wiese Pdf

Every linguistic theory has to come to grips with a fundamental property of human language: the existence of exceptions, i.e. phenomena that do not follow the standard patterns one observes otherwise. The contributions to this volume discuss and exemplify a variety of approaches to exceptionality within different formal and non-formal frameworks. Topics include criteria for exceptionality, the diachronic rise of exceptions, the relevance of different grammatical subsystems and their interaction in the explanation of exceptions, and the crucial characteristics of grammatical models that can accommodate exceptions. A special feature of the book is that the articles are accompanied by peer-commentaries and responses thereupon, thus opening up the papers to further discussion.

Inside Congress

Author : Trevor Corning,Reema Dodin,Kyle Nevins
Publisher : Brookings Institution Press
Page : 69 pages
File Size : 40,8 Mb
Release : 2017-07-25
Category : Political Science
ISBN : 9780815727347

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Inside Congress by Trevor Corning,Reema Dodin,Kyle Nevins Pdf

Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker's staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.