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.

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

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.

This book considers federalism's constitutional basis and its practical applications.

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.

“This book is very well researched, organized, documented, and referenced. The case studies are relevant to specific public health issues related to race, gender, equity, sexual orientation, poverty, homelessness, drug addiction, and chronic diseases facing U.S. populations in the 21st century. The book offers background information for professionals to try to analyze the root causes and develop public health measures to ameliorate these problems." ---Doody's Review Service, 4 stars Public Health Law: Concepts and Case Studies is a practical textbook for students of public health and health policy with comprehensive coverage of core concepts in law across public health sectors. The text builds upon the understanding that law is a significant determinant of health while highlighting essential knowledge of legal issues and laws affecting public health outcomes. Chapters address major topics in United States public health law and take a competency-based approach influenced by models developed by the CDC’s Public Health Law Program. The book describes the most important and relevant considerations of the law through case studies and real-world examples that students and practitioners of public health need as a baseline in order to mitigate health inequities and public health threats. Written with a basis in health equity, chapters also include call-out boxes to appropriate health equity related principles and theories. The book’s three parts explore law as a foundation for public health practice, law in everyday practice, and law as a transdisciplinary public health tool. It addresses key legal concepts such as the sources of authority in the United States legal system, constitutional foundations, limitations of authority, regulation, and litigation as they relate to public health. The most prevalent public health law topics and national public health strategies are covered in clear prose and offer guidance on the law and legal issues related to immunization, infectious disease control, chronic disease prevention and management, unintentional and intentional injury prevention, emergency law, global public health, environmental law, LGBT populations and the law, women’s reproductive health topics and more. Hypothetical case studies throughout illustrate how law impacts public health practice across a variety of settings and populations. Content on the transdisciplinary nature of public health practice spans topics such as law as a social determinant of health, the Health in All Policies initiative, legal epidemiology, law and ethics, and the scope of public health decision-making. Insightful and practical in its approach, Public Health Law: Concepts and Case Studies provides students and public health practitioners alike with knowledge and tools for utilizing the law to advance public health goals in the communities they serve. Key Features: Includes practical, real-world case studies illustrating the intersection of law and public health in many different contexts Highlights health equity and social justice issues relevant to chapter topics Explains legal frameworks and challenging legal concepts in easy to read prose Highlights relevant legal issues and considerations during the COVID-19 pandemic Includes access to the fully downloadable eBook as well as instructor ancillary materials such as Instructor’s Manual, PowerPoints, and Test Bank

Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.