Beyond Preemption

Beyond Preemption
Author: Ivo H. Daalder
Publisher: Rowman & Littlefield
Total Pages: 208
Release: 2008-04-01
Genre: Political Science
ISBN: 0815716869

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America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).

Beyond Preemption

Beyond Preemption
Author: National Academy of Public Administration
Publisher:
Total Pages: 62
Release: 2006
Genre: Exclusive and concurrent legislative powers
ISBN: 9781577441311

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Increasing federal preemptions of state and local responsibilities, authorities and revenue sources require a new strategy involving stakeholders at every level of government, according to a report issued by an Academy panel. Prepared for the National Governors Association, the report highlights complex issues that preemptions create and includes practical recommendations for our nation's leaders to explore. The panel found that federal preemptions and the imposition of unfunded mandates are increasing and likely to continue. Against this backdrop, the panel urged that federal preemptions be used only as a last resort with intergovernmental partnerships emphasized as an alternative.

Federal Preemption of State and Local Law

Federal Preemption of State and Local Law
Author: James T. O'Reilly
Publisher: American Bar Association
Total Pages: 252
Release: 2006
Genre: Law
ISBN: 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.

The New Preemption Reader

The New Preemption Reader
Author: Richard Briffault
Publisher: West Academic Publishing
Total Pages: 307
Release: 2019-01-03
Genre:
ISBN: 9781642425604

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Receive complimentary lifetime digital access to the eBook with new print purchase. The hottest issue in state and local government today is preemption - the conflict between states and cities over authority in a wide range of sharply-contested areas, including gun control, minimum wages and family leave, anti-discrimination law, environmental protection, and sanctuary policies. This pathbreaking reader comes straight from the front-lines of that conflict. It presents and analyzes in concise form the most important preemption statutes and cases, along with commentary from the leading scholars in the field. Virtually all the material involves disputes that have emerged and decisions handed down in just the last two to three years. Designed for use in courses dealing with states and local governments as a supplement to existing casebooks or on its own, the reader will be a unique and invaluable resource for students, teachers, scholars, and anyone involved in preemption and state-local relations more broadly today.

Beyond Preemption and Preventive War

Beyond Preemption and Preventive War
Author: Cindy Williams
Publisher:
Total Pages: 16
Release: 2006
Genre: Government spending policy
ISBN:

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Beyond Preemption and Preventive War

Beyond Preemption and Preventive War
Author: Cindy Williams
Publisher: DIANE Publishing
Total Pages: 342
Release: 2008-11
Genre: Political Science
ISBN: 1428989153

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Since 2002 the Bush White House has embraced a policy that it calls preemption, or preventive war. The new policy calls for the U.S. to go on the offensive when it believes that an enemy is gathering the capability to attack, even though the time, place, or even likelihood of an enemy move is unknown and perhaps far in the future. But this report maintains that the best defense may instead be the prevention of attacks on the U.S. and prevention of conflict around the globe. Such a policy would be pursued through a stronger emphasis within the defense establishment itself on countering the proliferation of dangerous weapons and materials, participating in stability operations and post-conflict reconstruction, and cooperating with allies.

Preemption Choice

Preemption Choice
Author: William W. Buzbee
Publisher: Cambridge University Press
Total Pages: 337
Release: 2008-12-15
Genre: Law
ISBN: 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.

Strategy Beyond Markets

Strategy Beyond Markets
Author: John M. de Figueiredo
Publisher: Emerald Group Publishing
Total Pages: 539
Release: 2016-04-27
Genre: Business & Economics
ISBN: 178635019X

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Strategy Beyond Markets is organized around three themes: Public Politics, Private Politics, and Integrated Political Strategy. The book explores the way these strategies influence political environments, firms and corporations.

Preemption

Preemption
Author: Henry Shue
Publisher: Oxford University Press
Total Pages: 276
Release: 2007-11
Genre: Philosophy
ISBN: 0199233136

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Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

Beyond Winning

Beyond Winning
Author: Robert H. Mnookin
Publisher: Harvard University Press
Total Pages: 369
Release: 2004-04-15
Genre: Law
ISBN: 0674504100

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Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.