Friday, March 31, 2017

An Essay Collection on the Timing of Lawmaking

Out soon from Edward Elgar is The Timing of Lawmaking, ed. Frank Fagan, EDHEC Business School, and Saul Levmore, University of Chicago Law School:
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 revisits 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?
TOC after the jump.
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

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