Full Description
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 reconsiders 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?
This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.
Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk
Contents
Contents:
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 and 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. 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
Index
