The Timing of Lawmaking


Author: Frank Fagan,Saul Levmore
Publisher: Edward Elgar Publishing
ISBN: 1785364332
Category:
Page: 368
View: 2138
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?

The Timing of Lawmaking


Author: Frank Fagan,Saul Levmore
Publisher: Edward Elgar Publishing
ISBN: 9781785364327
Category:
Page: 368
View: 2929
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.

    • Law

The Offensive Internet


Author: Martha Craven Nussbaum
Publisher: Harvard University Press
ISBN: 0674058763
Category: Law
Page: 312
View: 9088
The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.

    • Law

Law and the Limits of Government


Author: Frank Fagan
Publisher: Edward Elgar Publishing
ISBN: 0857938665
Category: Law
Page: 168
View: 7800
ÔLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics.Õ Ð Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical, normative and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.

Production of Legal Rules


Author: F. Parisi
Publisher: Edward Elgar Publishing
ISBN: 1782540512
Category:
Page: 431
View: 5147
'The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.' - Ariel Porat, Tel Aviv University, Israel

    • Law

The Economics of Lawmaking


Author: Francesco Parisi,Vincy Fon
Publisher: Oxford University Press
ISBN: 0195374150
Category: Law
Page: 329
View: 1062
The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

    • Law

The Economics of Lawmaking


Author: Francesco Parisi,Vincy Fon
Publisher: Oxford University Press
ISBN: 0195374150
Category: Law
Page: 329
View: 6968
The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

    • Political Science

Filibustering

A Political History of Obstruction in the House and Senate
Author: Gregory Koger
Publisher: University of Chicago Press
ISBN: 0226449661
Category: Political Science
Page: 272
View: 7274
In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.

    • Political Science

Congress and the Politics of Problem Solving


Author: E. Scott Adler,John D. Wilkerson
Publisher: Cambridge University Press
ISBN: 1139619950
Category: Political Science
Page: N.A
View: 7963
How do issues end up on the agenda? Why do lawmakers routinely invest in program oversight and broad policy development? What considerations drive legislative policy change? For many, Congress is an institution consumed by partisan bickering and gridlock. Yet the institution's long history of addressing significant societal problems - even in recent years - seems to contradict this view. Congress and the Politics of Problem Solving argues that the willingness of many voters to hold elected officials accountable for societal conditions is central to appreciating why Congress responds to problems despite the many reasons mustered for why it cannot. The authors show that, across decades of policy making, problem-solving motivations explain why bipartisanship is a common pattern of congressional behavior and offer the best explanation for legislative issue attention and policy change.

    • Political Science

Law and Empire

Ideas, Practices, Actors
Author: N.A
Publisher: BRILL
ISBN: 9004249516
Category: Political Science
Page: 360
View: 7631
Law and Empire relates the principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. It shows how legal procedure and legal thinking could be used in strikingly different ways.

    • History

The Laws of the Roman People

Public Law in the Expansion and Decline of the Roman Republic
Author: Caroline Williamson
Publisher: University of Michigan Press
ISBN: 9780472025428
Category: History
Page: 534
View: 8975
For hundreds of years, the Roman people produced laws in popular assemblies attended by tens of thousands of voters to publicly forge resolutions to issues that might otherwise have been unmanageable. Callie Williamson's comprehensive new study finds that the key to Rome's survival and growth during the most formative period of empire, roughly 350 to 44 B.C.E., lies in its hitherto enigmatic public lawmaking assemblies which helped extend Roman influence and control. The author bases her rigorous and innovative work on the entire body of surviving laws preserved in ancient reports of proposed and enacted legislation from these public assemblies. Callie Williamson holds a Ph.D. in Roman history from the University of London and is practicing law in North Carolina.

    • Business & Economics

The Timing of Income Recognition in Tax Law and the Time Value of Money


Author: Moshe Shekel
Publisher: Routledge
ISBN: 1134021941
Category: Business & Economics
Page: 368
View: 9813
Time itself creates advantages and disadvantages in the field of taxation. The timing of the recognition of income and expenses for tax purposes has two main implications: firstly, for the timing of the collection of tax, and secondly, for the question of quantification, i.e., how to ensure that the difference between the timing of the recognition of income or expenses, as opposed to the respective dates on which the amounts are actually received or paid, does not distort the determination of the amount of chargeable income. The time component is a weapon in the confrontation between the opposing motivations of the taxpayers and the tax authorities. In any given fiscal year, taxpayers seek to present a minimal picture of their chargeable income, by "deferring" the recognition of income or "advancing" the recognition of expenses. As opposed to this, the tax authorities adopt the opposite strategy: maximizing taxable "profit" in any given year. This book critically examines the various approaches that have been adopted in the tax systems in the UK, the US and Israel in relation to the timing of income recognition and expenses for tax purposes. It suggests an innovative tax model that identifies the advantages that arise to the taxpayer as a result of the differences between the timing of the recognition of income and expenses, and the timing of the receipt of the revenue or the payment of a liability, and taxes only that advantage.

    • Political Science

Separation of Powers and Legislative Organization


Author: Gisela Sin
Publisher: Cambridge University Press
ISBN: 1107048796
Category: Political Science
Page: 208
View: 635
Examines how constitutional requirements of the lawmaking process, and the factional divisions within parties, affect US representatives' decisions on distributing power among themselves.

    • Business & Economics

Legal Orderings and Economic Institutions


Author: Fabrizio Cafaggi,Antonio Nicita,Ugo Pagano
Publisher: Routledge
ISBN: 1134331002
Category: Business & Economics
Page: 368
View: 6837
This book addresses the lively interaction between the disciplines of law and economics. The traditional boundaries of these two disciplines have somehow inhibited a full understanding of the functioning of and the evolution of economic and legal systems. It has often been the case that these boundaries have had to be reshaped, and sometimes abolished, before either one of the two disciplines could successfully clarify the real life problems arising from the complex institutions of contemporary societies. The contributions to this volume encompass some of the core controversial issues in law and economics arising from interactions between legal orderings and economic institutions. They include: the nature of institutional and legislative change and the emergence of strong institutional complementarity in legal positions the relationship between private orderings and the role of the State in enforcing contracts and defining property rights the nature and dynamics of endogenous enforcement and the analysis of governance models and corporate ethics. Part of the renowned Siena Studies in Political Economy series, this book will be an essential read for postgraduates and researchers in the fields of law and economics, and the economics of institutions.

    • Law

Foundations of Tort Law


Author: Saul Levmore,Catherine M. Sharkey
Publisher: LexisNexis
ISBN: 0327176016
Category: Law
Page: 436
View: 3092
This updated edition is a valuable resource for torts professors teaching at all levels of instruction. It provides an enhanced theoretical and empirical foundation for a diverse selection of fundamental torts topics typically taught at the introductory level, such as the Hand formula, duty to rescue, market-share liability, and vicarious liability, while, at the same time, providing an in-depth exploration of cutting edge issues suitable for an advanced course or seminar, such as medical malpractice, products liability, federal preemption of state tort law, and punitive damages. Each chapter includes an introductory overview of a topic in tort law, followed by abridged readings, and then provocative notes and questions. The intent is to give the instructor interesting material with which to work, and to equip the student with foundational tools useful for the critical reading of cases and articles. The Foundations of Law Series offers a collection of comprehensive readings that provide an interdisciplinary perspective on a substantive legal field. Edited by scholars who have made important contributions, the readings are designed to provide an accessible introduction to the leading scholarship in a field. Accompanying notes and questions permit students to engage fully in the literature on their own, as well as to aid their understanding of material covered in classes. This eBook features links to Lexis Advance for further legal research options.

    • Law

Seeking justices

the judging of Supreme Court nominees
Author: Michael Comiskey
Publisher: Univ Pr of Kansas
ISBN: 9780700613465
Category: Law
Page: 287
View: 2339
In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We

    • Law

Rights and Retrenchment

The Counterrevolution against Federal Litigation
Author: Stephen B. Burbank,Sean Farhang
Publisher: Cambridge University Press
ISBN: 110818409X
Category: Law
Page: N.A
View: 9170
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

    • Political Science

Delegating Powers

A Transaction Cost Politics Approach to Policy Making Under Separate Powers
Author: David Epstein,Sharyn O'Halloran
Publisher: Cambridge University Press
ISBN: 9780521669603
Category: Political Science
Page: 319
View: 9762
In this path-breaking book, David Epstein and Sharyn O'Halloran produce the first unified theory of policy making between the legislative and executive branches. Examining major US policy initiatives from 1947 to 1992, the authors describe the conditions under which the legislature narrowly constrains executive discretion, and when it delegates authority to the bureaucracy. In doing so, the authors synthesize diverse and competitive literatures, from transaction cost and principal-agent theory in economics, to information models developed in both economics and political science, to substantive and theoretical work on legislative organization and on bureaucratic discretion.

    • Fiction

Big Guns

A Novel
Author: Steve Israel
Publisher: Simon and Schuster
ISBN: 1501118048
Category: Fiction
Page: 320
View: 3031
From Steve Israel, the congressman-turned-novelist who writes “in the full-tilt style of Carl Hiaasen” (The Washington Post), comes a comic tale about the mighty firearm industry, a small Long Island town, and Washington politics. When Chicago’s Mayor Michael Rodriguez starts a national campaign to ban handguns from America’s cities, towns, and villages, Otis Cogsworth, the wealthy chairman and CEO of Cogsworth International Arms worries about the effects on his company. In response he and lobbyist Sunny McCarthy convince an Arkansas congressman to introduce federal legislation mandating that every American must own a firearm. Events soon escalate. Asabogue’s Mayor Lois Leibowitz passes an ordinance to ban guns in the town—right in Otis Cogsworth’s backyard. Otis retaliates by orchestrating a recall election against Lois and Jack Steele, a rich town resident, runs against her. Even though the election is for the mayor of a village on Long Island, Steele brings in the big guns of American politics to defeat Lois: political consultants, Super PACs, and celebrities. Soon, thousands of pro-gun and anti-gun partisans descend on Asabogue, along with an assortment of heavily armed rightwing militias and the national news media. Bucolic Asabogue becomes a tinderbox. Meanwhile, Washington politicians in both parties are caught between a mighty gun lobby whose support they need for reelection and the absurdity of requiring that every American with waivers for children under age four carry a gun. What ensues is a discomfiting, hilarious indictment of the state of American politics. Former Long Island Congressman, Steve Israel has firsthand knowledge of the cynicism and corruption at the heart of our political system. Big Guns will make you laugh, will make you angry, and will make you think as you flip the pages faster and faster to find out what happens next.

    • Political Science

Learning While Governing

Expertise and Accountability in the Executive Branch
Author: Sean Gailmard,John W. Patty
Publisher: University of Chicago Press
ISBN: 0226924408
Category: Political Science
Page: 321
View: 7516
Although their leaders and staff are not elected, bureaucratic agencies have the power to make policy decisions that carry the full force of the law. In this groundbreaking book, Sean Gailmard and John W. Patty explore an issue central to political science and public administration: How do Congress and the president ensure that bureaucratic agencies implement their preferred policies? The assumption has long been that bureaucrats bring to their positions expertise, which must then be marshaled to serve the interests of a particular policy. In Learning While Governing, Gailmard and Patty overturn this conventional wisdom, showing instead that much of what bureaucrats need to know to perform effectively is learned on the job. Bureaucratic expertise, they argue, is a function of administrative institutions and interactions with political authorities that collectively create an incentive for bureaucrats to develop expertise. The challenge for elected officials is therefore to provide agencies with the autonomy to do so while making sure they do not stray significantly from the administration’s course. To support this claim, the authors analyze several types of information-management processes. Learning While Governing speaks to an issue with direct bearing on power relations between Congress, the president, and the executive agencies, and it will be a welcome addition to the literature on bureaucratic development.