Federal Preemption of State and Local Law

Federal Preemption of State and Local Law

Author: James T. O'Reilly

Publisher: American Bar Association

Published: 2006

Total Pages: 252

ISBN-13: 9781590317440

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Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.


Preemption Choice

Preemption Choice

Author: William W. Buzbee

Publisher: Cambridge University Press

Published: 2008-12-15

Total Pages: 337

ISBN-13: 1139474812

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This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.


Pre-crime

Pre-crime

Author: Jude McCulloch

Publisher: Routledge

Published: 2015-07-24

Total Pages: 240

ISBN-13: 131767023X

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Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science fiction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.


#HashtagActivism

#HashtagActivism

Author: Sarah J. Jackson

Publisher: MIT Press

Published: 2020-03-10

Total Pages: 296

ISBN-13: 0262356511

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This “well-researched, nuanced” study of the rise of social media activism explores how marginalized groups use Twitter to advance counter-narratives, preempt political spin, and build diverse networks of dissent (Ms.) The power of hashtag activism became clear in 2011, when #IranElection served as an organizing tool for Iranians protesting a disputed election and offered a global audience a front-row seat to a nascent revolution. Since then, activists have used a variety of hashtags, including #JusticeForTrayvon, #BlackLivesMatter, #YesAllWomen, and #MeToo to advocate, mobilize, and communicate. In this book, Sarah Jackson, Moya Bailey, and Brooke Foucault Welles explore how and why Twitter has become an important platform for historically disenfranchised populations, including Black Americans, women, and transgender people. They show how marginalized groups, long excluded from elite media spaces, have used Twitter hashtags to advance counternarratives, preempt political spin, and build diverse networks of dissent. The authors describe how such hashtags as #MeToo, #SurvivorPrivilege, and #WhyIStayed have challenged the conventional understanding of gendered violence; examine the voices and narratives of Black feminism enabled by #FastTailedGirls, #YouOKSis, and #SayHerName; and explore the creation and use of #GirlsLikeUs, a network of transgender women. They investigate the digital signatures of the “new civil rights movement”—the online activism, storytelling, and strategy-building that set the stage for #BlackLivesMatter—and recount the spread of racial justice hashtags after the killing of Michael Brown in Ferguson, Missouri, and other high-profile incidents of killings by police. Finally, they consider hashtag created by allies, including #AllMenCan and #CrimingWhileWhite.


Congress and Crime

Congress and Crime

Author: Joseph F. Zimmerman

Publisher: Lexington Books

Published: 2014-08-06

Total Pages: 177

ISBN-13: 0739198076

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Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.


Just War Theory

Just War Theory

Author: Mark Evans

Publisher: Edinburgh University Press

Published: 2020-01-20

Total Pages: 256

ISBN-13: 0748680888

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This book provides a stimulating discussion of, and introduction to, just war theory.


Preemption

Preemption

Author: Alan M. Dershowitz

Publisher: W. W. Norton & Company

Published: 2006

Total Pages: 374

ISBN-13: 9780393329346

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Identifies the benefits and consequences of the nation's paradigm shift toward more preventive and proactive approaches to conflict, arguing that the seeds of such a shift were planted prior to the events of September 11.


ABA Standards for Criminal Justice

ABA Standards for Criminal Justice

Author: American Bar Association

Publisher:

Published: 1999-01-01

Total Pages: 151

ISBN-13: 9781570737138

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"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.