The timing of lawmaking / edited by Frank Fagan, Associate Professor of Law, EDHEC Business School, France; Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law School, USA.
2017
K579.T5 T564 2017 (Mapit)
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Title
The timing of lawmaking / edited by Frank Fagan, Associate Professor of Law, EDHEC Business School, France; Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law School, USA.
Added Author
Imprint
Cheltenham, UK : Edward Elgar Publishing, [2017]
Description
viii, 362 pages : illustrations ; 25 cm
Formatted Contents Note
Introduction / Eric A. Posner
Part I. Timing devices. 1. Legal cycles and stabilization rules / Frank Fagan
2. Legislating crisis / David Kamin
3. The more it changes, the more it stays the same? Automatic indexing and current policy / Daniel Shaviro
4. Racing the clock: deadlines, conflict, and negotiating in lawmaking / Daniel A. Farber
5. Playing for constitutional time: interim constitutions and transitional provisions / Tom Ginsburg and Eric Alston
6. Legislative sunrises: transitions, veiled commitments, and carbon taxes / Frank Fagan and Saul Levmore
Part II. Law's architecture. 7. Timing of consent / Jacob E. Gersen and Jeannie Suk
8. Interest groups and the durability of law / Saul Levmore
9. Self-executing statutes in the administrative state / Adam M. Samaha
10. Intellectual property and legislative innovation / Saul Levmore
Part III. Time in judging. 11. Janus-faced law: a philosophical debate / Martha C. Nussbaum
12. Renovating the efficiency of common law hypothesis / Frank Fagan
13. Delaying declarations of constitutional invalidity / Anthony Niblett
14. The sins of their fathers: illegitimacy in Japan and surrogate punishment across generations / J. Mark Ramseyer.
Part I. Timing devices. 1. Legal cycles and stabilization rules / Frank Fagan
2. Legislating crisis / David Kamin
3. The more it changes, the more it stays the same? Automatic indexing and current policy / Daniel Shaviro
4. Racing the clock: deadlines, conflict, and negotiating in lawmaking / Daniel A. Farber
5. Playing for constitutional time: interim constitutions and transitional provisions / Tom Ginsburg and Eric Alston
6. Legislative sunrises: transitions, veiled commitments, and carbon taxes / Frank Fagan and Saul Levmore
Part II. Law's architecture. 7. Timing of consent / Jacob E. Gersen and Jeannie Suk
8. Interest groups and the durability of law / Saul Levmore
9. Self-executing statutes in the administrative state / Adam M. Samaha
10. Intellectual property and legislative innovation / Saul Levmore
Part III. Time in judging. 11. Janus-faced law: a philosophical debate / Martha C. Nussbaum
12. Renovating the efficiency of common law hypothesis / Frank Fagan
13. Delaying declarations of constitutional invalidity / Anthony Niblett
14. The sins of their fathers: illegitimacy in Japan and surrogate punishment across generations / J. Mark Ramseyer.
Summary
"Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This...study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, [this book] goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This...resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K579.T5 T564 2017
Language
English
ISBN
9781785364327 hardback
1785364324 hardback
1785364324 hardback
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