The Timing of Lawmaking

Edited by Frank Fagan and Saul Levmore

in Books from Edward Elgar Publishing

Abstract: 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?

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2017
ISBN: 9781785364327
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Chapters in this book:

Ch 1 Legal cycles and stabilization rules , pp 11-33

Frank Fagan

Ch 2 Legislating crisis , pp 34-63

David Kamin

Ch 3 The more it changes, the more it stays the same? Automatic indexing and current policy , pp 64-86

Daniel Shaviro

Ch 4 Racing the clock: Deadlines, conflict, and negotiation in lawmaking , pp 87-109

Daniel A. Farber

Ch 5 Playing for constitutional time: Interim constitutions and transitional provisions , pp 110-129

Tom Ginsburg and Eric Alston

Ch 6 Legislative sunrises: Transitions, veiled commitments, and carbon taxes , pp 130-146

Frank Fagan and Saul Levmore

Ch 7 Timing of consent , pp 149-170

Jacob E. Gersen and Jeannie Suk

Ch 8 Interest groups and the durability of law , pp 171-194

Saul Levmore

Ch 9 Self-executing statutes in the administrative state , pp 195-226

Adam M. Samaha

Ch 10 Intellectual property and legislative innovation , pp 227-246

Saul Levmore

Ch 11 Janus-faced law: A philosophical debate , pp 249-279

Martha C. Nussbaum

Ch 12 Renovating the efficiency of common law hypothesis , pp 280-298

Frank Fagan

Ch 13 Delaying declarations of constitutional invalidity , pp 299-321

Anthony Niblett

Ch 14 The sins of their fathers: Illegitimacy in Japan and surrogate punishment across generations , pp 322-346

John Ramseyer

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