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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 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?
Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.
Michael Meeropol argues that the ballooning of the federal budget deficit was not a serious problem in the 1980s, nor were the successful recent efforts to get it under control the basis for the prosperous economy of the mid-1990s. In this controversial book, the author provides a close look at what actually happened to the American economy during the years of the "Reagan Revolution" and reveals that the huge deficits had no negative effect on the economy. It was the other policies of the Reagan years--high interest rates to fight inflation, supply-side tax cuts, reductions in regulation, increased advantages for investors and the wealthy, the unraveling of the safety net for the poor--that were unsuccessful in generating more rapid growth and other economic improvements. Meeropol provides compelling evidence of the failure of the U.S. economy between 1990 and 1994 to generate rising incomes for most of the population or improvements in productivity. This caused, first, the electoral repudiation of President Bush in 1992, followed by a repudiation of President Clinton in the 1994 Congressional elections. The Clinton administration made a half-hearted attempt to reverse the Reagan Revolution in economic policy, but ultimately surrendered to the Republican Congressional majority in 1996 when Clinton promised to balance the budget by 2000 and signed the welfare reform bill. The rapid growth of the economy in 1997 caused surprisingly high government revenues, a dramatic fall in the federal budget deficit, and a brief euphoria evident in an almost uncontrollable stock market boom. Finally, Meeropol argues powerfully that the next recession, certain to come before the end of 1999, will turn the predicted path to budget balance and millennial prosperity into a painful joke on the hubris of public policymakers. Accessibly written as a work of recent history and public policy as much as economics, this book is intended for all Americans interested in issues of economic policy, especially the budget deficit and the Clinton versus Congress debates. No specialized training in economics is needed. "A wonderfully accessible discussion of contemporary American economic policy. Meeropol demonstrates that the Reagan-era policies of tax cuts and shredded safety nets, coupled with strident talk of balanced budgets, have been continued and even brought to fruition by the neo-liberal Clinton regime." --Frances Fox Piven, Graduate School, City University of New York Michael Meeropol is Chair and Professor of Economics, Western New England College.
Traces the revolutionary spirit that runs through American history, and whose founding father and greatest advocate was Thomas Paine, showing how Paine turned Americans into radicals--and how we have remained radicals at heart ever since. Paine was one of the most remarkable political writers of the modern world, and the greatest radical of a radical age. Through his writings, he not only turned America's colonial rebellion into a revolutionary war but, as Kaye demonstrates, articulated an American identity charged with purpose and promise. Beginning with Paine's life and ideas and following their influence through to our own day, Kaye reveals how, while the powers that be repeatedly sought to suppress, defame, and co-opt Paine's memory, generations of radical and liberal Americans have turned to Paine for inspiration as they endeavored to expand American freedom, equality, and democracy.--From publisher description.
This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative process, the promulgation of regulations and other administrative guidance, and the negotiation and ratification of tax treaties. The book provides detailed information regarding the legislative process that has not been published in other resources. This insider's look into the workings of the government is derived from Berman's twenty-five-year career as a Washington, D.C. tax attorney. The book uses tax legislation as a substantive backdrop for considering the legislative process and is suited for use in J.D.- or LL.M.-level courses such as Making Tax Law, Legislation, or Federal Regulatory and Legislative Practice Seminar. "There are many tax experts, but only a very select few combine executive branch, congressional, private sector and academic perspective in the way that Dan Berman does. His views should be given extremely careful consideration." --Lawrence H. Summers, former U.S. Secretary of the Treasury and former President of Harvard University "Dan is an expert at making and practicing tax law." --Sheldon S. Cohen, former Commissioner of Internal Revenue