The Constitutional Value of Sunset Clauses
The Constitutional Value of Sunset Clauses

Author: Antonios Emmanouil Kouroutakis

Publisher: Routledge

Published: 2016-10-04

Total Pages: 262

ISBN-13: 1315454319

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In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Constitutional Sunsets and Experimental Legislation
Constitutional Sunsets and Experimental Legislation

Author: Sofia Ranchordás

Publisher: Edward Elgar Publishing

Published: 2014-12-31

Total Pages: 247

ISBN-13: 1783478950

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This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.

The Rule of Nobody
The Rule of Nobody

Author: Philip K Howard

Publisher: National Geographic Books

Published: 2015-03-03

Total Pages: 0

ISBN-13: 0393350754

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The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

The Law of the Land
The Law of the Land

Author: Akhil Reed Amar

Publisher: Basic Books (AZ)

Published: 2015-04-14

Total Pages: 371

ISBN-13: 0465065902

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From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.

Fiscal Policy
Fiscal Policy

Author: Alan J. Auerbach

Publisher: MIT Press

Published: 1997

Total Pages: 500

ISBN-13: 9780262011600

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The eight chapters in this volume fall into three subject areas: government budget management and control, federal entitlement programs, and attempts to influence private sector behavior through tax code management.Policymakers are often hard-pressed to understand what economists have to say on policy issues, and scholars and students need to know what the latest research findings are and what questions remain unanswered. Fiscal Policy: Lessons from Economic Research presents the work of leading contributors to the public finance literature. The papers were originally presented at a 1996 conference sponsored by the Robert D. Burch Center for Tax Policy and Public Finance at the University of California, Berkeley. Although the papers are broad in scope, they are not intended to be neutral, comprehensive surveys of the literature. Instead, authors were encouraged to focus on the issues they thought most important or interesting. The conference confirmed that on some questions there is a broad consensus, and on others there is strong disagreement. Because perspectives differ, after each paper two discussants offer their own views on the subject. More so than in many conference volumes, these comments are an integral part of each presentation. The eight chapters fall into three subject areas: government budget management and control, federal entitlement programs, and attempts to influence private sector behavior through tax code management.ContributorsHenry J. Aaron, B. Douglas Bernheim, David M. Cutler, Nada Eissa, Jeffrey Frankel, William G. Gale, Roger H. Gordon, Edward M. Gramlich, Bronwyn H. Hall, Kevin A. Hassett, James R. Hines, Jr., Hilary Williamson Hoynes, R. Glenn Hubbard, Robert P. Inman, Laurence J. Kotlikoff, Robert A. Moffitt, Joseph P. Newhouse, James M. Poterba, John M. Quigley, Robert D. Reischauer, David Romer, Daniel L. Rubinfeld, John B. Shoven, Jonathan S. Skinner, Joel Slemrod, John B. Taylor

Are Government Organizations Immortal?
Are Government Organizations Immortal?

Author: Herbert Kaufman

Publisher: Washington : Brookings Institution

Published: 1976

Total Pages: 102

ISBN-13:

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Pamphlet on bureaucracy in central government agencies in the USA - reviews administrative reforms and trends since 1923 in seven executive departments, and finds that government organizations enjoy great security and long life. References and statistical tables.

A Common Law for the Age of Statutes
A Common Law for the Age of Statutes

Author: Guido Calabresi

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 348

ISBN-13: 1584770406

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Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).

Dancing at Ciro's
Dancing at Ciro's

Author: Sheila Weller

Publisher: St. Martin's Griffin

Published: 2015-09-15

Total Pages: 350

ISBN-13: 1250097827

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"Poignant memoir of a not-so-typical New York Jewish family’s experiences in the midcentury Hollywood demimonde ... Equal parts emotional tissue-party and shrewd cultural history." - Kirkus Reviews In 1958, young Sheila Weller was living a charmed life with her family in Beverly Hills. Her father was a brilliant brain surgeon. Her mother was a movie-magazine writer whose brother owned Hollywood's most dazzling nightclub, Ciro's. Then her world exploded after she witnessed her uncle's brutal attempt to kill her father. In Dancing at Ciro's, Weller has written a deeply felt memoir of her family's life contrasted with those most glamorous days of Hollywood's forties and fifties. While vividly describing Lana Turner's, Frank Sinatra's, and Sammy Davis Jr.'s evenings--and breakdowns--at Ciro's, Weller casts a keen eye on her own family's turmoil and loss.

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.