Where The State Action Is
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Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
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 | : Wilhelm von Humboldt |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2008-12-11 |
Genre | : Political Science |
ISBN | : 1316284018 |
This text is important both as one of the most interesting contributions to the liberalism of the German Enlightenment, and as the most significant source for the ideas which John Stuart Mill popularized in his essay On Liberty. Humboldt's concern is to define the criteria by which the permissible limits of the state's activities may be determined. His basic principle, like that of Mill, is that the only justification for government interference is the prevention of harm to others. He discusses in detail the role and limits of the state's responsibility for the welfare, security and morals of its citizens. Humboldt's special achievement in this work is to enlarge our sense of what a liberal political theory might be by his particularly sensitive grasp of the complexity of our attitudes to and our need of other people. Dr Burrow has based his translation on Coulthard's version of 1854. In an important introduction, he provides a most perceptive as well as scholarly guide to Humboldt's political thought.
Author | : United States |
Publisher | : |
Total Pages | : 1192 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Author | : Matt Andrews |
Publisher | : Oxford University Press |
Total Pages | : 276 |
Release | : 2017 |
Genre | : Business & Economics |
ISBN | : 0198747489 |
Governments play a major role in the development process, and constantly introduce reforms and policies to achieve developmental objectives. Many of these interventions have limited impact, however; schools get built but children don't learn, IT systems are introduced but not used, plans are written but not implemented. These achievement deficiencies reveal gaps in capabilities, and weaknesses in the process of building state capability. This book addresses these weaknesses and gaps. It starts by providing evidence of the capability shortfalls that currently exist in many countries, showing that many governments lack basic capacities even after decades of reforms and capacity building efforts. The book then analyses this evidence, identifying capability traps that hold many governments back - particularly related to isomorphic mimicry (where governments copy best practice solutions from other countries that make them look more capable even if they are not more capable) and premature load bearing (where governments adopt new mechanisms that they cannot actually make work, given weak extant capacities). The book then describes a process that governments can use to escape these capability traps. Called PDIA (problem driven iterative adaptation), this process empowers people working in governments to find and fit solutions to the problems they face. The discussion about this process is structured in a practical manner so that readers can actually apply tools and ideas to the capability challenges they face in their own contexts. These applications will help readers devise policies and reforms that have more impact than those of the past.
Author | : Stephen E. Gottlieb |
Publisher | : NYU Press |
Total Pages | : 372 |
Release | : 2000-09 |
Genre | : Biography & Autobiography |
ISBN | : 9780814731284 |
We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Author | : Robert M. Cover |
Publisher | : Yale University Press |
Total Pages | : 340 |
Release | : 1975-01-01 |
Genre | : Law |
ISBN | : 9780300032529 |
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Author | : Wilhelm Freiherr von Humboldt |
Publisher | : London : J. Chapman |
Total Pages | : 270 |
Release | : 1854 |
Genre | : Political Science |
ISBN | : |
Author | : United States. Congress |
Publisher | : |
Total Pages | : 1324 |
Release | : 1968 |
Genre | : Law |
ISBN | : |
Author | : Louis Michael Seidman |
Publisher | : |
Total Pages | : 223 |
Release | : 1996 |
Genre | : Constitutional law |
ISBN | : 9780195099805 |
Author | : Texas |
Publisher | : |
Total Pages | : 588 |
Release | : 1978 |
Genre | : Natural resources |
ISBN | : |