Author : Erin Ryan
Publisher : Oxford University Press, USA
Page : 429 pages
File Size : 31,42 MB
Release : 2011
Category : Law
ISBN : 0199737983
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.
Author : Kalyani Robbins
Publisher : Edward Elgar Publishing
Page : 453 pages
File Size : 26,69 MB
Release : 2015-12-18
Category : Law
ISBN : 1783473622
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.
Author : Paul Schiff Berman
Publisher : Oxford University Press
Page : 944 pages
File Size : 38,55 MB
Release : 2020-06-01
Category : Law
ISBN : 0197516750
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.
Author : Jonathan Z. Cannon
Publisher : Harvard University Press
Page : 385 pages
File Size : 23,23 MB
Release : 2015-04-22
Category : Law
ISBN : 0674425987
The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.
Author : Alberto López-Basaguren
Publisher : Springer
Page : 576 pages
File Size : 15,27 MB
Release : 2019-01-05
Category : Law
ISBN : 3319597078
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.
Author : John J. Infranca
Publisher : Edward Elgar Publishing
Page : 313 pages
File Size : 35,38 MB
Release : 2023-12-11
Category : Law
ISBN : 1803928204
Authoritative and multidisciplinary in approach, this Research Agenda shapes questions that will underpin future legal and empirical scholarly inquiry on zoning and land use regulation in the US. Building on existing debates and providing a comprehensive overview of the current state of academic research, it identifies the gaps which need addressing in future research.
Author : Peter Oliver
Publisher : Oxford University Press
Page : 1169 pages
File Size : 10,42 MB
Release : 2017-08-10
Category : Law
ISBN : 0190664835
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author : David Milne
Publisher : James Lorimer & Company
Page : 292 pages
File Size : 32,54 MB
Release : 1986-01-01
Category : Political Science
ISBN : 9780888629777
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.
Author : Alain-G. Gagnon
Publisher : Routledge
Page : 319 pages
File Size : 44,82 MB
Release : 2016-03-09
Category : Political Science
ISBN : 1317004965
Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.
Author : Merle Grobbel
Publisher : Springer Science & Business Media
Page : 416 pages
File Size : 31,89 MB
Release : 2008-12-19
Category : Political Science
ISBN : 353191328X
What changed in the United States with Hurricane Katrina was a feeling that we have entered a period of consequences. – Al Gore On February 05, 2007, the Intergovernmental Panel on Climate Change (IPCC) published the executive summary of its fourth assessment report (to be published April 06, 2007). In the summary, it not only acknowledged that climate change is happening at an accelerated rate, but also that its consequences would be dreary: changes in precipitation and in wind patterns, a rise of the sea levels, and desert- cation will globally impact the frequency of disasters and impair living standards. Whether or not we believe climate change is happening, over the past two years, we have witnessed a rise of the topic from oblivion to ubiquity and have experienced a growing emphasis on ?nding measures to prevent climate change. There is an unprecedented agreement among environmentalists, politicians, the public, and industry that we have to take effective action. Politicians are putting their creative plans to action unusually fast: Australia bans the light bulb, B- gium switches off lamps along lighted highways, and the US introduces daylight savings time two weeks earlier than in previous years. Industry, the most unlikely candidate for support, is rallying together in action groups like US-Cap or 2 Grad, and more and more consumers are offsetting their emissions through websites like myclimate.
