Author: George I. Lovell Publisher: Cambridge University Press ISBN: 1139440616 Category : Political Science Languages : en Pages : 314
Book Description
Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee Publisher: ISBN: Category : Administrative agencies Languages : en Pages : 162
Author: Adam B. Cox Publisher: Oxford University Press ISBN: 0190694386 Category : Law Languages : en Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. RodrÃguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee Publisher: ISBN: Category : Administrative agencies Languages : en Pages : 158
Author: M. Genovese Publisher: Springer ISBN: 1403979391 Category : Political Science Languages : en Pages : 244
Book Description
This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.
Author: George I. Lovell
Author: American Bar Association. House of Delegates
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Author: George I. Lovell
Author: Adam B. Cox
Author: United States. Congress. House. Committee on Rules
Author: United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Author: Tomer Broude
Author: M. Genovese
Author: United States. Congress. Senate