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Federalism and the Tug of War Within by Erin Ryan Pdf
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
The Law and Policy of Environmental Federalism by Kalyani Robbins Pdf
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 by Alberto López - Basaguren,Leire Escajedo San Epifanio Pdf
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 first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.
Environment in the Balance by Jonathan Z. Cannon Pdf
Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.
Guide to State Politics and Policy by Richard G. Niemi,Joshua J. Dyck Pdf
No previous book has pulled together into one place a single, comprehensive volume that provides up-to-date coverage of state government and politics, along with the states’ current and future public policies. This new book does just that, offering students, scholars, citizens, policy advocates, and state specialists accessible information on state politics and policy in 34 topical chapters written by experts in the field. The guide provides contemporary analysis of state institutions, processes, and public policies, along with both historical and theoretical perspectives that help readers develop a comprehensive understanding of the 50 U.S. states’ complex and changing political spheres. Those who use this volume—from experienced scholars to neophytes—can rely upon the guide to provide: Basic factual information on state politics and policy Core explanatory frameworks and competing arguments Insightful coverage of major policy areas as they have played out in the states.
Conservative Thought and American Constitutionalism since the New Deal by Johnathan O'Neill Pdf
An intellectual history of American conservativism since the New Deal. The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century. O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
Claims for Secession and Federalism by Alberto López-Basaguren,Leire Escajedo San-Epifanio Pdf
This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.
Federalism and Legal Unification by Daniel Halberstam,Mathias Reimann Pdf
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
Law and Recovery From Disaster: Hurricane Katrina by Robin Paul Malloy Pdf
In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.
Handbook of Territorial Politics by Klaus Detterbeck,Eve Hepburn Pdf
The study of territorial politics has enjoyed a renaissance in the last thirty years. Scholars have questioned the state-centric assumptions upon which mainstream social science has been built, pointing to the territorial (re)distribution of power across and within states. This Handbook brings together leading scholars to demonstrate how territory has shaped institutional structures, public policies, elections, political parties, and identity across the world. Offering theoretical, comparative and empirical insights, this book provides a comprehensive overview of the impact of territory on modern political, economic and social life.
Iraqi Kurdistan in Middle Eastern Politics by Alex Danilovich Pdf
The changes brought by the Arab Spring and ensuing developments in the Middle East have made the Kurds an important force in the region. Tel-Aviv and Washington place high hopes on Erbil to facilitate their dealings with Baghdad, Damascus, Teheran and Ankara. Kurds living in Turkey, Syria and Iran have been inspired by the successes of their brethren in Iraq who managed to gain significant independence and make remarkable achievements in state building. The idea of a greater Kurdistan is in the air. This book focuses on how the Kurds have become a new and significant force in Middle Eastern politics. International expert contributors conceptualize current developments putting them into theoretical perspective, helping us to better understand the potential role the Kurds could play in the Middle East.
Author : Mark V. Tushnet,Mark A. Graber,Sanford Levinson Publisher : Oxford University Press, USA Page : 1110 pages File Size : 44,5 Mb Release : 2015 Category : Constitutional law ISBN : 9780190245757
The Oxford Handbook of the U.S. Constitution by Mark V. Tushnet,Mark A. Graber,Sanford Levinson Pdf
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a globalized world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the civilized world. Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
The United States and Canada share the longest border in the world, maintain one of the closest alliances, and are notably similar in many ways. Yet the two countries also have important differences, including sharply contrasting political institutions. In The United States and Canada, Paul J. Quirk has gathered a distinguished cast of contributors to present an integrated comparative examination of the political systems of the United States and Canada-with special attention to the effects of political institutions and their interaction with political values, geographic and demographic factors, and other influences. The volume explores the differences between the American presidential (or separation-of-powers) system and the Canadian parliamentary system-focusing on electoral and party systems, executive leadership and the legislative process, bureaucratic influence, and federalism. It proceeds to examine patterns of governance in a wide range of issue areas: economic policy; climate-change policy; healthcare policy; civil rights/integration and immigration; and abortion and gay rights. A sweeping comparative account, this volume serves as an authoritative guide for anyone interested in why the two countries differ and where they might be headed.
First published in 1986, Tug of War offers an analytical look at power struggles between provincial and federal governments during the 1980s. With one provincial government urging secession, another attacking Ottawa's energy policies by deliberately limiting the flow of oil to the rest of the country, and the national government intent on ratifying a new Constitution with or without provincial assent, Canadian governments faced the 1980s in fighting form. A witty, relentless but fair-minded analyst, Milne strips away partisan rhetoric, and offers a close examination of the ebb and flow of Canadian politics in the first half of the 1980s.