The Oxford Handbook of Global Legal Pluralism
The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press

Published: 2020-06-01

Total Pages: 944

ISBN-13: 0197516769

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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.

Harvard Law Review: Volume 128, Number 1 - November 2014
Harvard Law Review: Volume 128, Number 1 - November 2014

Author: Harvard Law Review

Publisher: Quid Pro Books

Published: 2014-11-10

Total Pages: 640

ISBN-13: 1610278526

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The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: "The Means of Constitutional Power," by John F. Manning • Comment: "Slipping the Bonds of Federalism," by Heather K. Gerken • Comment: "The Supreme Court as a Constitutional Court," by Jamal Greene • Comment: "The Hobby Lobby Moment," by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2013 Term includes recent cases on: content neutrality under the First Amendment; compelled subsidized speech; free speech and contribution limits; legislative prayer and the establishment of religion; search and seizure law as to anonymous tips, cellphones, and cotenant consent; equal protection and political process; right to counsel; Eighth Amendment issues for intellectually impaired defendants; standing and jurisdiction; class actions; tribal immunity; the Clean Air Act; immigration of children; misrepresentation of buyer and gun control law; and copyright law's Transmit Clause. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications. The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Stephen G. Breyer and his notable contributions to law and the Supreme Court. The essays are written by scholars Martha Minow, Martha Field, Cass Sunstein, Richard Fallon, Michael Klarman, Todd Rakoff, Joseph Singer, John Manning, Laurence Tribe, I. Glenn Cohen, and Mark Tushnet. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2014, the first issue of academic year 2014-2015 (Volume 128).

Federalism and the Tug of War Within
Federalism and the Tug of War Within

Author: Erin Ryan

Publisher: Oxford University Press, USA

Published: 2011

Total Pages: 429

ISBN-13: 0199737983

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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.

Federalism, Bureaucracy, and Public Policy
Federalism, Bureaucracy, and Public Policy

Author: Richard J. Schultz

Publisher: McGill-Queen's Press - MQUP

Published: 1980-04-01

Total Pages: 245

ISBN-13: 0773560769

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In this book Richard J. Schultz analyses the political process which resulted in a major section of the 1967 National Transportation Act-Part III, which deals with highway transport regulation-never being implemented. In effect, he presents us with a case study of an act that has not become law. In his analysis Professor Schultz employs two models to explain the fate of Part III: the first is the "unitary actor" model, common to the study of Canadian intergovernmental relations; the second is the far less commonly used "bureaucratic politics" model. He finds the first model leaves unanswered too many critical questions, while the second, with its emphasis on the forces that give rise to internal conflict and competition and the consequent colouring this can give to negotiations between governments, offers a more comprehensive explanation of the stalemate that resulted in the shelving of Part III. Using the analysis of the particular case study, the book discusses the broader issues of the underlying dynamics of both intergovernmental and intragovernmental relations in Canada. The study challenges some of the common assumptions about the nature of the policy process within a parliamentary system, and suggests in particular that central agencies may not exercise the degree of control frequently ascribed to them and, more significantly, that power and influence are much more widely dispersed and diffused within our parliamentary system than is generally acknowledged.

Self-Organizing Federalism
Self-Organizing Federalism

Author: Richard C. Feiock

Publisher: Cambridge University Press

Published: 2010

Total Pages: 369

ISBN-13: 0521764939

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This book investigates self-organizing institutions that resolve institutional collective action dilemmas in federalism, urban governance, and regional management of natural resources.

Britain, the Euro and Beyond
Britain, the Euro and Beyond

Author: Mark Baimbridge

Publisher: Routledge

Published: 2016-04-15

Total Pages: 280

ISBN-13: 1317172248

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This important book provides an analysis of the economic relationship between Britain and the EU and discusses the future direction in which this relationship might develop. It examines the historic and contemporary costs and benefits of EU membership, and assesses whether this has been a burden or a benefit for the British economy. In addition the authors assess current trends and developments, most notably in the area of participation in Economic and Monetary Union (EMU) and the consequences that this would have. Questions of fiscal federalism, the development of a minimum level of social policy for Europe, together with the likely impact on business and trade unions are also considered. The authors then discuss potential future scenarios, including a more flexible loose membership arrangement or complete withdrawal, and the affect that a range of options might have on the British economy.

Consolidation Policies in Federal States
Consolidation Policies in Federal States

Author: Dietmar Braun

Publisher: Taylor & Francis

Published: 2016-12-19

Total Pages: 321

ISBN-13: 1317246330

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The Global Financial Crisis has led to a renewed attention for the management of public debt and deficits of advanced and developing industrial states. To successfully deal with such problems of public finances raises particular concerns in federal states where fiscal competencies are split between two levels of government. This book offers comparative in-depth knowledge of political struggles related to fiscal consolidation policies in eleven federal states since the 1990s, including the Global Financial Crisis and its aftermath. It identifies conditions that lead to "robust" solutions that can both commit federal actors to prudent fiscal policy-making and avoid conflicts between federal actors that cause federal instability. This text will be of key interest to scholars and students of political economy and comparative politics in general and comparative federalism and EU Politics in particular.

Federalism in the Middle East
Federalism in the Middle East

Author: Leonid Issaev

Publisher: Springer Nature

Published: 2021-09-01

Total Pages: 149

ISBN-13: 3030703002

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This book examines the projects of administrative and territorial reconstruction of Arab countries as an aftermath of the “Arab Spring”. Additionally, it looks into an active rethinking of the former unitary model, linked by its critics with dictatorship and oppression. The book presents decentralization or even federalization as newly emerging major topics of socio-political debate in the Arab world. As the federalist recipes and projects are specific and the struggle for their implementation has a pronounced variation, different case studies are presented. Countries discussed include Libya, Syria, Yemen, and Iraq. The book looks into the background and prerequisites of the federalist experiments of the “Arab Spring”, describes their evolution and current state, and assesses the prospects for the future. It is, therefore, a must-read for scholars of political science, as well as policy-makers interested in a better understanding of previous and current developments in the Arab countries.

Claims for Secession and Federalism
Claims for Secession and Federalism

Author: Alberto López-Basaguren

Publisher: Springer

Published: 2019-01-05

Total Pages: 576

ISBN-13: 3319597078

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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.