Legislative Deferrals

Legislative Deferrals
Title Legislative Deferrals PDF eBook
Author George I. Lovell
Publisher Cambridge University Press
Pages 314
Release 2003-03-31
Genre Political Science
ISBN 1139440616

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Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

Legislative Deferrals and Judicial Policy Making in American Labor Law

Legislative Deferrals and Judicial Policy Making in American Labor Law
Title Legislative Deferrals and Judicial Policy Making in American Labor Law PDF eBook
Author George I. Lovell
Publisher
Pages 534
Release 1997
Genre Judicial process
ISBN

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The President and Immigration Law

The President and Immigration Law
Title The President and Immigration Law PDF eBook
Author Adam B. Cox
Publisher Oxford University Press
Pages 361
Release 2020-08-04
Genre Law
ISBN 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.

Legislative Calendar

Legislative Calendar
Title Legislative Calendar PDF eBook
Author United States. Congress. Senate. Committee on Energy and Natural Resources
Publisher
Pages 206
Release
Genre Energy policy
ISBN

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Legislative Veto After Chadha

Legislative Veto After Chadha
Title Legislative Veto After Chadha PDF eBook
Author United States. Congress. House. Committee on Rules
Publisher
Pages 1248
Release 1984
Genre Administrative procedure
ISBN

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Legislative Line-item Veto Proposals

Legislative Line-item Veto Proposals
Title Legislative Line-item Veto Proposals PDF eBook
Author United States. Congress. House. Committee on Rules. Subcommittee on the Legislative Process
Publisher
Pages 392
Release 1993
Genre Political Science
ISBN

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The Deferral Process After Chadha

The Deferral Process After Chadha
Title The Deferral Process After Chadha PDF eBook
Author United States. Congress. House. Committee on Rules
Publisher
Pages 152
Release 1986
Genre Administrative procedure
ISBN

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