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The Timing of Lawmaking

Edited by Frank Fagan, Associate Professor of Law, EDHEC Business School, France and Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law School, US
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?
Extent: 368 pp
Hardback Price: $165.00 Web: $148.50
Publication Date: 2017
ISBN: 978 1 78536 432 7
Availability: In Stock
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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Constitutional and Administrative Law
  • Law and Economics
  • Law and Society
  • Legal Theory
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.
‘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
Contributors: 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:

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