Federalism And The Tug Of War Within

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Federalism and the Tug of War Within :

Law

Author - Professor Erin Ryan
Publisher - Oxford University Press
Pages - 432
ISBN - 0199876339


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Detail - Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.

Federalism and the Tug of War Within :

Law

Author - Erin Ryan
Publisher - Oxford University Press
Pages - 398
ISBN - 0199737983


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Detail - 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 Law and Policy of Environmental Federalism : A Comparative Analysis

LAW

Author - Kalyani Robbins
Publisher - Edward Elgar Publishing
Pages - 448
ISBN - 1783473622


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Detail - 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 :

Law

Author - Alberto López - Basaguren, Leire Escajedo San Epifanio
Publisher - Springer Science & Business Media
Pages - 665
ISBN - 3642277209


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Detail - 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.

The War on Kids : How American Juvenile Justice Lost Its Way

Law

Author - Cara H. Drinan
Publisher - Oxford University Press
Pages - 232
ISBN - 0190605553


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Detail - In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime. As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids. In The War on Kids, Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.

Measuring Regional Authority : A Postfunctionalist Theory of Governance

Political Science

Author - Liesbet Hooghe, Gary Marks, Arjan H. Schakel, Sandra Chapman Osterkatz, Sara Niedzwiecki, Sarah Shair-Rosenfield
Publisher - Oxford University Press
Pages - 704
ISBN - 0191044679


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Detail - This is the first of five ambitious volumes theorizing the structure of governance above and below the central state. This book is written for those interested in the character, causes, and consequences of governance within the state and for social scientists who take measurement seriously. The book sets out a measure of regional authority for 81 countries in North America, Europe, Latin America, Asia, and the Pacific from 1950 to 2010. Subnational authority is exercised by individual regions, and this measure is the first that takes individual regions as the unit of analysis. On the premise that transparency is a fundamental virtue in measurement, the authors chart a new path in laying out their theoretical, conceptual, and scoring decisions before the reader. The book also provides summaries of regional governance in 81 countries for scholars and students alike. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.

Defamation and Freedom of Speech :

Political Science

Author - Dario Milo
Publisher - OUP Oxford
Pages - 384
ISBN -


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Detail - The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

The Constitution of Freedom : An Introduction to Legal Constitutionalism

Law

Author - András Sajó, Renáta Uitz
Publisher - Oxford University Press
Pages - 478
ISBN - 0198732171


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Detail - Constitutional democracy is more fragile and less "natural" than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stabledemocracies with the promise that their enviable world will become the global "normal" find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need ofconstant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours,and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of theapparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those inpolitics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Federalism and the Market : Intergovernmental Conflict and Economic Reform in the Developing World

Political Science

Author - Erik Wibbels
Publisher - Cambridge University Press
Pages -
ISBN - 9781139444521


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Detail - This book, first published in 2005, develops a comparative model of intergovernmental bargaining to account for variation in the capacity of federations in the developing world to undertake economic policy reform, suggesting that many market reform policies are a function of a constant process of bargaining between national and regional leaders struggling for political survival. As the degree of national-regional disagreement mounts, collective action on reforms that require implementation at multiple levels of government becomes more difficult. The degree to which the two factors conflict depends on four factors: the individual electoral interests, a shared intergovernmental fiscal system, the manner in which regional interests are represented in national policy making and the levers of partisan influence national leaders have over subnational politicians. In testing the argument with a combination of cross-sectional time-series and case study analysis, this book contributes to the broad literatures on development and the comparative political economy of federalism and decentralization.

Constitutional Engagement in a Transnational Era :

Law

Author - Vicki Jackson
Publisher - Oxford University Press
Pages - 540
ISBN - 019993469X


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Detail - Constitutional Engagement in a Transnational Era explores how transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases. In it, Vicki Jackson looks at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law.

Madison's Gift : Five Partnerships That Built America

Biography & Autobiography

Author - David O. Stewart
Publisher - Simon and Schuster
Pages - 432
ISBN - 1451688598


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Detail - "Short, plain, balding, neither soldier nor orator, low on charisma and high on intelligence, Madison cared more about achieving results than taking the credit. To reach his lifelong goal of a self-governing constitutional republic, he blended his talents with those of key partners. It was Madison who led the drive for the Constitutional Convention and pressed for an effective new government as his patron George Washington lent the effort legitimacy; Madison who wrote the Federalist Papers with Alexander Hamilton to secure the Constitution's ratification; Madison who corrected the greatest blunder of the Constitution by drafting and securing passage of the Bill of Rights with Washington's support; Madison who joined Thomas Jefferson to found the nation's first political party and move the nation toward broad democratic principles; Madison, with James Monroe, who guided the new nation through its first war in 1812, really its Second War of Independence; and it was Madison who handed the reins of government to the last of the Founders, his old friend and sometime rival Monroe"--

Administrative Law :

Law

Author - Timothy Endicott
Publisher - Oxford University Press, USA
Pages - 650
ISBN - 0198714505


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Detail - Administrative Law explains the constitutional principles of the subject and brings clarity to this complex field of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the new Tribunals Service, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to apply the constitutional principles to the problems of administrative law. The author uses a range of learning features to make complex points accessible. Chapters start with a 'look for' section which outlines the key ideas in each chapter, then 'from the mists of time' boxes and pop quizzes appear throughout, and each chapter is wrapped up with a 'take home message', critical questions, and a list of further reading. Online Resource Centre Administrative Law is accompanied by an extensive Online Resource Centre, which provides a unique resource for the subject. Features include: - Notes on key cases - Links to reports of important judgments, legislation, and other resources - Suggestions for answering the questions in the text - Updates to the law - A guide to the literature of administrative law - An online glossary - A guide for teachers