The Crisis of Confidence in Legislation

The Crisis of Confidence in Legislation

Author: Maria De Benedetto

Publisher:

Published: 2020-11

Total Pages: 360

ISBN-13: 9783848766451

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Die Beitrage des Sammelbandes beschaftigen sich mit der Frage, wie das Vertrauen in den Staat und seine Gesetzgebung wiederhergestellt werden kann.


Regulatory Breakdown

Regulatory Breakdown

Author: Cary Coglianese

Publisher: University of Pennsylvania Press

Published: 2012-08-16

Total Pages: 290

ISBN-13: 0812207491

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Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation brings fresh insight and analytic rigor to what has become one of the most contested domains of American domestic politics. Critics from the left blame lax regulation for the housing meltdown and financial crisis—not to mention major public health disasters ranging from the Gulf Coast oil spill to the Upper Big Branch Mine explosion. At the same time, critics on the right disparage an excessively strict and costly regulatory system for hampering economic recovery. With such polarized accounts of regulation and its performance, the nation needs now more than ever the kind of dispassionate, rigorous scholarship found in this book. With chapters written by some of the nation's foremost economists, political scientists, and legal scholars, Regulatory Breakdown brings clarity to the heated debate over regulation by dissecting the disparate causes of the current crisis as well as analyzing promising solutions to what ails the U.S. regulatory system. This volume shows policymakers, researchers, and the public why they need to question conventional wisdom about regulation—whether from the left or the right—and demonstrates the value of undertaking systematic analysis before adopting policy reforms in the wake of disaster.


Comparative Constitutional Law

Comparative Constitutional Law

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.


The President and Immigration Law

The President and Immigration Law

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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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. Rodríguez 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.


The Confidence Trap

The Confidence Trap

Author: David Runciman

Publisher: Princeton University Press

Published: 2017-10-31

Total Pages: 424

ISBN-13: 0691178135

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Why democracies believe they can survive any crisis—and why that belief is so dangerous Why do democracies keep lurching from success to failure? The current financial crisis is just the latest example of how things continue to go wrong, just when it looked like they were going right. In this wide-ranging, original, and compelling book, David Runciman tells the story of modern democracy through the history of moments of crisis, from the First World War to the economic crash of 2008. A global history with a special focus on the United States, The Confidence Trap examines how democracy survived threats ranging from the Great Depression to the Cuban missile crisis, and from Watergate to the collapse of Lehman Brothers. It also looks at the confusion and uncertainty created by unexpected victories, from the defeat of German autocracy in 1918 to the defeat of communism in 1989. Throughout, the book pays close attention to the politicians and thinkers who grappled with these crises: from Woodrow Wilson, Nehru, and Adenauer to Fukuyama and Obama. In The Confidence Trap, David Runciman shows that democracies are good at recovering from emergencies but bad at avoiding them. The lesson democracies tend to learn from their mistakes is that they can survive them—and that no crisis is as bad as it seems. Breeding complacency rather than wisdom, crises lead to the dangerous belief that democracies can muddle through anything—a confidence trap that may lead to a crisis that is just too big to escape, if it hasn't already. The most serious challenges confronting democracy today are debt, the war on terror, the rise of China, and climate change. If democracy is to survive them, it must figure out a way to break the confidence trap.


Legitimation Crisis

Legitimation Crisis

Author: Juergen Habermas

Publisher: Beacon Press

Published: 1975-08-25

Total Pages: 196

ISBN-13: 9780807015216

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Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Bad History, Worse Policy

Bad History, Worse Policy

Author: Peter J. Wallison

Publisher: Rowman & Littlefield

Published: 2013

Total Pages: 598

ISBN-13: 0844772399

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In his new book, "Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act," (AEI Press) Wallison argues that the Dodd-Frank Act -- the Obama administration's sweeping financial regulation law -- will suppress economic growth for years to come. Based on his essays on financial services issues published between 2004 and 2012, Wallison shows that the act was based on a false and ideologically motivated narrative about the financial crisis." -- Provided by publisher.


The Financial Crisis Inquiry Report

The Financial Crisis Inquiry Report

Author: Financial Crisis Inquiry Commission

Publisher: Cosimo, Inc.

Published: 2011-05-01

Total Pages: 692

ISBN-13: 1616405414

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The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.


Four Threats

Four Threats

Author: Suzanne Mettler

Publisher: St. Martin's Press

Published: 2020-08-11

Total Pages: 304

ISBN-13: 9781250244420

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An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.