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David J. Barron

Bio: David J. Barron is an academic researcher from Fordham University. The author has contributed to research in topics: Constitution & Home rule. The author has an hindex of 10, co-authored 20 publications receiving 353 citations.
Topics: Constitution, Home rule, Medicine, Common law, Statute

Papers
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Monograph

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15 Nov 2008

102 citations

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53 citations

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32 citations

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28 citations

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22 citations


Cited by
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TL;DR: The American present witnesses the steady aggrandizement of executive, administrative, emergency, penal, military, and war powers as contemporary commentators such as Michael Hardt, Antonio Negri, and Giorgio Agamben contemplate the contours of American hegemony and superpower in a new era of empire as mentioned in this paper.
Abstract: THE AMERICAN PRESENT IS AT ODDS with representations of the American past. The American present witnesses the steady aggrandizement of executive, administrative, emergency, penal, military, and war powers as contemporary commentators such as Michael Hardt, Antonio Negri, and Giorgio Agamben contemplate the contours of American hegemony and superpower in a new era of empire.1 The global impact of present American politics, political economy, and foreign policy is obvious to any casual observer of current affairs. The story of the American past, on the other hand, continues to be told in narratives that seem to be heading off somewhere else. In place of the growth of power, the history that America most frequently tells itself highlights a story of relative powerlessness-a usually benign tale of legal-political self-abnegation, emphasizing constitutional restraints such as federalism, checks and balances, the separation of powers, limited government, the rule of law, and laissezfaire. When presented more positively, American history is usually framed as a quest for freedom-the struggle for political liberty, emancipation from bondage, the rise of civil, economic, and social rights. Property, contract, and freedom of speech, press, and association form the constitutional backbone of a free market, a vigorous civil society, and a democratic polity-hallmarks of a free people. Oddly, key elements of this tale are kept alive in both older political histories of the liberal tradition in America and newer histories highlighting the rights and agency of particular cultural communities. Coming to terms with the historical rise of the mechanisms of legal, political, economic, corporate, and technological power that currently shape so much of the globe is thus a more difficult task than it should be. A true philosophical and political history of the American present continues to elude historians.2

257 citations

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TL;DR: In this paper, a multilevel regression analysis of survey responses from 1,497 municipalities across the United States was conducted to find that internal drivers of municipal action are insufficient, and that lower policy adoption is explained by capacity constraints.
Abstract: Polycentric theory, as applied to sustainability policy adoption, contends that municipalities will act independently to provide public services that protect the environment. Our multilevel regression analysis of survey responses from 1,497 municipalities across the United States challenges that notion. We find that internal drivers of municipal action are insufficient. Lower policy adoption is explained by capacity constraints. More policy making occurs in states with a multilevel governance framework supportive of local sustainability action. Contrary to Fischel’s homevoter hypothesis, we find large cities and rural areas show higher levels of adoption than suburbs (possibly due to free riding within a metropolitan region).

199 citations

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TL;DR: In this paper, direct public engagement is defined as "a broad umbrella term that encompasses numerous methods for bringing people together to address issues of public importance" and discussed in this article.
Abstract: Public engagement is an umbrella term that encompasses numerous methods for bringing people together to address issues of public importance. In this article, we focus on direct public engagement in...

152 citations

Book

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29 Mar 2016
TL;DR: In this article, a wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia is presented, arguing that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded.
Abstract: This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.

96 citations

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TL;DR: This paper examined how three interwoven factors - demographics, policy and capital - each reacted to the San Francisco Bay Area landscape inherited at the end of the 1970s, affecting the region in new ways, leaving some places thriving and others struggling with foreclosure, which leads to plummeting property values and the deep uncertainty of the current American metropolis.
Abstract: Communities on the fringes of the American metropolis have recently garnered attention as the centers of the foreclosure crisis and its aftermath. On the one hand, this attention to the urban nature of the crisis is welcome, as the metamorphosis of the mortgage fiasco into a financial crisis-cum-global economic meltdown turned popular attention away from the urban roots of this calamity. But this emphasis on the exurbs as the site of crisis lends itself to the misconception that they, rather than the restructuring of the metropolis as a whole, are the sole source of the crisis. This article works across multiple scales to examine how three interwoven factors - demographics, policy and capital - each reacted to the San Francisco Bay Area landscape inherited at the end of the 1970s, affecting the region in new ways, leaving some places thriving and others struggling with foreclosure, which leads to plummeting property values and the deep uncertainty of the current American metropolis. This restructuring can be seen as the convergence between the unresolved urban crisis of the postwar era and the various reactions in the neoliberal era. It demands a reimagining of both planning and geography, especially from the left.

96 citations