Overview

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

Full Product Details

Author:   Frank Fagan ,  Saul Levmore
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781785364327

ISBN 10:   1785364324
Pages:   368
Publication Date:   31 March 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of 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

Reviews

'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' -- Cass R. Sunstein, Harvard University, US and author The World According to Star Wars

'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' -- Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars

`What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' -- Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars

`Without doubt, this book is an important brick in the process to the critical theorization of the relationship between law and time, which was until recently largely underappreciated.' -- iConnect Blog `What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' -- Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars

Author Information

Edited by Frank Fagan, Associate Professor, South Texas College of Law and Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law School, US

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