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Oversight: Representing the Interests of Blacks and Latinos in Congress

Michael D. Minta

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149257
eISBN:
9781400840342
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149257.001.0001
Subject:
Political Science, American Politics

This book answers the question of whether black and Latino legislators better represent minority interests in Congress than white legislators, and it is the first book on the subject to focus on ... More


More Than You Wanted to Know: The Failure of Mandated Disclosure

Omri Ben-Shahar and Carl E. Schneider

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.001.0001
Subject:
Political Science, Public Policy

Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the ... More


Policy Issue Substance and the Revitalization of Legislative Studies

John S. Lapinski

in The Substance of Representation: Congress, American Political Development, and Lawmaking

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691137810
eISBN:
9781400848638
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691137810.003.0001
Subject:
Political Science, American Politics

This chapter seeks to introduce a substance-oriented research program based on policy issues for studying Congress from multiple vantage points. In doing so, it makes serious progress on ... More


The Failure of Mandated Disclosure

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0003
Subject:
Political Science, Public Policy

This chapter presents evidence showing that mandate disclosure consistently fails to accomplish its stated goals. It begins by asking what standard we should use to assess mandated disclosure and ... More


The Politics of Disclosure

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0009
Subject:
Political Science, Public Policy

This chapter argues that even if simplification worked better, it would often be defeated by the political dynamics of regulation. First, mandates expand, exacerbating the overload problem. Second, ... More


Producing Disclosures

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0010
Subject:
Political Science, Public Policy

This chapter considers another reason why simplification cannot save mandated disclosure: regulatory method depends on disclosers, but the core problem of complexity makes it hard for lawmakers to ... More


At Worst, Harmless?

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0011
Subject:
Political Science, Public Policy

This chapter argues that mandated disclosure not only can be costly but also can inflict unintended and unnoticed harms. Mandates impose various direct costs on both disclosers and disclosees. For ... More


Conclusion: Beyond Disclosurism

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0012
Subject:
Political Science, Public Policy

This concluding chapter clarifies that the book has argued that lawmakers must abandon the use of mandated disclosure, describing it as a failed regulatory method. The book has presented evidence ... More


The Reflections of a Craftsman

Brian Simpson

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0014
Subject:
Law, Legal History

This chapter examines the role of judges as lawmakers in the common law tradition, the question being whether their job is solely to say what the law is, not to create it, or do they have a ... More


The English Law of Search and Seizure, 1485–1642

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0003
Subject:
Law, Legal History

This chapter discusses the changes in English law of search and seizure between 1485 and 1642. By multiplying the types of search and seizure, Tudor–Stuart lawmakers multiplied the circumstances in ... More


Religious Lawmakers on Moral Identity and Abortion Law

Lucinda Peach

in Legislating Morality: Pluralism and Religious Identity in Lawmaking

Published in print:
2002
Published Online:
February 2006
ISBN:
9780195143713
eISBN:
9780199786053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019514371X.003.0004
Subject:
Philosophy, General

This chapter examines the role that religion may play in the life of political leaders. It looks at how several prominent American political leaders have articulated the place of religion in their ... More


Prologue: Institutional Theory and the Lawmaker’s Perspective

NEIL MacCORMICK

in Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.003.0001
Subject:
Law, Philosophy of Law

This chapter begins with a brief description of the purpose of the book, which is to offer a theory of legal argumentation, revising the positions presented in the author's Legal Reasoning and Legal ... More


Parliament and the Law1

A. Mark Godfrey

in Parliament in Context, 1235–1707

Published in print:
2010
Published Online:
September 2012
ISBN:
9780748614868
eISBN:
9780748672233
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748614868.003.0006
Subject:
History, British and Irish Medieval History

This chapter considers parliament's role as a lawmaker, and shows how it evolved from a body in the fifteenth century that was as much concerned with judicial business as it was with legislation, ... More


The Legal Status of the Fetus

John Seymour

in Childbirth and the Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.003.0008
Subject:
Law, Medical Law

This chapter examines some assumptions underlying the law’s attempts to deal with claims advanced on behalf of the fetus. The purpose is to determine how the lawmakers view the fetus and whether it ... More


The Judge as Lawmaker: An English Perspective *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0002
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

The role of judges as lawmakers has over the years been the subject of much discussion. There appear, broadly speaking, to be four schools of ... More


Bentham's Of Laws in General

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0006
Subject:
Law, Philosophy of Law

Bentham's Of Laws in General is a remarkable work with a remarkable history. This chapter provides a brief mention of the salient features of the story. Of Laws in General is in fact a continuation ... More


. The Indian Claims Commission: From Hope to Reality

David E. Wilkins

in Hollow Justice: A History of Indigenous Claims in the United States

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300119268
eISBN:
9780300186000
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300119268.003.0004
Subject:
Law, Legal History

The Indian Claims Commission (ICC) was not the perfect solution but it gave hope. The chapter looks at the ICC and analyses its effectiveness. Native peoples no longer had to fight individually to ... More


The Colorado Doctrine

David Schorr

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300134476
eISBN:
9780300189049
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134476.001.0001
Subject:
Law, Legal History

Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ... More


Bargaining Outlawed

Nicholas R. Parrillo

in Against the Profit Motive: The Salary Revolution in American Government, 1780-1940

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300176582
eISBN:
9780300187304
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300176582.003.0003
Subject:
Law, Legal History

This chapter continues from the last chapter to tell the story of how American lawmakers and judges outlawed the bargaining schemes that had been in existence since the 1600s. They decided that no ... More


A Government Capable of Saying No: Salaries as a Reaction against Customer Service

Nicholas R. Parrillo

in Against the Profit Motive: The Salary Revolution in American Government, 1780-1940

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300176582
eISBN:
9780300187304
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300176582.003.0005
Subject:
Law, Legal History

This chapter documents how a pattern of reciprocity between officers and service recipients persisted, and in some cases intensified, in several areas of government from the mid-1800s to the early ... More


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