The Timing of Lawmaking

Author: Frank Fagan; Saul Levmore
Publisher: Edward Elgar Publishing
ISBN: 9781785364327
Published In: March 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing.

This compelling 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, The Timing of Lawmaking 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 unique 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.

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 Dan Shaviro
4. Racing the Clock: Deadlines, Conflict, and Negotiating in Lawmaking Daniel A. Farber
5. Playing for Constitutional Time: Interim Constitutions & 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. The 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 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

Index