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The Judicial Construction of Europe

Alec Stone Sweet

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.001.0001
Subject:
Political Science, European Union

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ... More


The European Court and Integration

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0001
Subject:
Political Science, European Union

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ... More


Institutional Balance Versus Institutional Innovation

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0005
Subject:
Political Science, European Union

This chapter discusses the delegation of implementing powers by the Council (or by the Council and the EP) to the Commission or to European agencies. While delegation to the Commission may involve ... More


Participation in EU Rule-Making: A Rights-Based Approach

Joana Mendes

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.001.0001
Subject:
Law, EU Law

The book is a critical legal analysis of the current scope of participation rights in EU law, embedded in the political and institutional contexts of European integration. Participation has featured ... More


Rule‐making and the American Constitution

Peter L. Strauss

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and ... More


The State Judicial Branch

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the differences between the federal and state judiciary. Many state judges are elected through a variety of mechanisms. The workload of state supreme courts has evolved over ... More


Police Discretion

Samuel Walker

in Taming the System: The Control of Discretion in Criminal Justice, 1950–1990

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195078206
eISBN:
9780199854202
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195078206.003.0002
Subject:
History, American History: 20th Century

A brief history of the politics of police discretion is explored in this chapter. The Court has been the driving force for change in policing for thirty years, however, this chapter contends that the ... More


European Statistical Case Law for Stage II Convergence, 1994–7

James D. Savage

in Making the EMU: The Politics of Budgetary Surveillance and the Enforcement of Maastricht

Published in print:
2007
Published Online:
October 2011
ISBN:
9780199238699
eISBN:
9780191696770
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238699.003.0004
Subject:
Political Science, European Union, Political Economy

This chapter shows that from 1994 through the early months of 1998, Eurostat engaged in fiscal rulemaking in the form of administrative statistical case law. Lacking the capacity to scrutinize every ... More


Bending the Rules: Procedural Politicking in the Bureaucracy

Rachel Augustine Potter

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226621609
eISBN:
9780226621883
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226621883.001.0001
Subject:
Political Science, American Politics

Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions ... More


Reform: Improving Prosecutorial Discretion in the Immigration System

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0009
Subject:
Law, Human Rights and Immigration

This chapter provides recommendations for improving prosecutorial discretion in the immigration system. While DHS has dutifully published “priorities” guidance describing the people who should be ... More


Historical Themes and Developments at FDA Over the Past Fifty Years

Peter Barton Hutt

in FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231171182
eISBN:
9780231540070
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231171182.003.0002
Subject:
Law, Medical Law

This chapter provides an overview of FDA’s history as a regulatory institution that now touches products comprising twenty-five cents out of every dollar spent by U.S. consumers, outlining agency ... More


FDA, Negotiated Rulemaking, and Generics: A Proposal

Marie Boyd

in FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231171182
eISBN:
9780231540070
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231171182.003.0027
Subject:
Law, Medical Law

Recent U.S. Supreme Court holdings suggest that while the manufacturer of a brand-name drug is always responsible for its label’s content, this is not the case for generic drugs. In addition, these ... More


Essential Health Benefits and the Affordable Care Act: Law and Process

Nicholas Bagley and Helen Levy

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0004
Subject:
Law, Medical Law

This chapter explores the questions of whether the benchmark approach to determine essential health benefits under the Affordable Care Act (ACA) is a lawful exercise of the Department of Health and ... More


The Role of the Political Branches: Negotiating Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0008
Subject:
Law, Constitutional and Administrative Law

Chapter Eight summarizes the federalism safeguards debate, considers the role of negotiated governance, and highlights potential contributions from the academic negotiation literature. Most ... More


Subordinate Legislation

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0015
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter addresses rule-making by procedures outside the formal ‘ordinary legislative procedure’ (under Article 294 of the Treaty on the Functioning of the European Union, TFEU) and the various ... More


Comitology

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on Comitology and the making of secondary norms, which normally take the form of rules. The chapter is organized as follows. It begins with analysis of the nature of the problem ... More


Rulemaking in Global Governance Organizations

in World Rule: Accountability, Legitimacy, and the Design of Global Governance

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226450988
eISBN:
9780226450964
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226450964.003.0005
Subject:
Political Science, International Relations and Politics

This chapter first establishes the key differences among rulemaking processes. Four dimensions of global rulemaking regimes are described and considered in the analysis—formality, decision calculus, ... More


Ecological Rationality

Douglas A. Kysar

in Regulating from Nowhere: Environmental Law and the Search for Objectivity

Published in print:
2010
Published Online:
October 2013
ISBN:
9780300120011
eISBN:
9780300163308
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300120011.003.0009
Subject:
Political Science, Environmental Politics

This chapter examines a recent controversy over how best to regulate the withdrawal of cooling water from adjacent waterways by large power plants in the United States. Complementing the ... More


Introduction

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0001
Subject:
Law, EU Law

Chapter 1 presents the main arguments of the book, its main concepts and aims, as well as the method followed and the sources used. This chapter defines in broad terms the rights-based approach to ... More


Unravelling Participation: A Rights‐based Approach

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0002
Subject:
Law, EU Law

Chapter 2 explains the conceptual framework on which the book is based. The concept of participation adopted singles out a rights-based approach to participation from other forms of participation. It ... More


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