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.
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.
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
A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors. Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.