Download or read book Diffusion of Deregulatory Policies Through Litigation written by Barbara A. Cherry and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. deregulatory policies have been eroding consumer protection remedies for telecommunications and broadband access services. However, most policymakers and telecommunications policy researchers are familiar with the erosion that has resulted from industry-specific actions by federal or state legislatures or regulatory agencies. This paper describes further erosion resulting from telecommunications' carriers' pursuit of deregulatory strategies through judicial litigation of cases involving bodies of law applicable to businesses generally. A prominent example of such strategic use of judicial litigation is the U.S. Supreme Court decision (5-4 vote) in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011), which eliminated customers' judicial remedies with respect to standardized contracts, known as contracts of adhesion, for the provision of mobile services. In this case, the U.S. Supreme Court expansively interpreted the Federal Arbitration Act of 1925 (FAA) to preempt state law remedies related to consumer contracts. The Court's decision enforced AT&T Mobility's mandatory arbitration clause and class action waiver in its consumer contracts, thereby barring consumers' access to judicial remedies. Moreover, the Court's interpretation is not confined to contracts for mobile telecommunications services, but is generally applicable to consumer contracts in other industries. Since AT&T Mobility v. Concepcion, the U.S. Supreme Court has declined to retrench from its radical interpretation of the FAA, notwithstanding assertions of policymakers and scholars that such interpretation is inconsistent with Congress' legislative intent. Instead, the Court has reaffirmed its interpretation of the FAA in subsequent decisions, most recently in DirectTV, Inc. v. Imburgia (2015), 577 U.S. ___. This paper explains why the FCC's Open Internet Order (2015), known as the network neutrality order, is insufficient to fully compensate for the loss of judicial remedies for consumers of telecommunications and broadband services resulting from AT&T Mobility v. Concepcion. In this regard, the U.S. Supreme Court's interpretation of the FAA did not acknowledge the coexistence of industry-specific regulation under the Communications Act of 1934 - a critical oversight that needs to be corrected through legislation or potentially further judicial litigation. This paper also explains that, beyond its inconsistency with Congressional legislative intent, the Court's interpretation of the FAA in AT&T Mobility v. Concepcion has created adverse systemic effects for political and economic governance by undermining the role of private enforcement mechanisms both generally under the American legal regime and specifically within the telecommunications sector. Illustratively, Margaret Radin (2013), a legal expert in U.S. contract law, asserts in Boilerplate: The Fine Print, Vanishing Rights, and The Rule of Law (Princeton University Press) that the resultant loss of consumer remedies related to contracts of adhesion constitutes normative degradation of the legal system and undermines the rule of law. It also deprives individuals of access to the constitutional right of jury trials. This paper concludes, stressing how this policy trajectory in the U.S. contrasts greatly with those in Canada and the European Union, which have significantly increased consumer rights, both generally and in the telecommunications sector. [This abstract is not being submitted for presentation in the poster session.].
Download or read book The Politics of Deregulation written by Martha Derthick and published by Brookings Institution Press. This book was released on 1985 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors discuss deregulation in contemporary politics and government.
Download or read book The Routledge Handbook of Policy Styles written by Michael Howlett and published by Routledge. This book was released on 2021-02-28 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a systematic overview of the study of policy styles provided by leading experts in the field. The book unites theoretical bases and advancements in practice, ranging from the fundamentals of policy styles to its place in greater policy studies, and responds to new questions regarding policy style dynamics across a range of government levels and activities, including contemporary trends affecting styles such as the use of digital tools and big data in government. It is a comprehensive reference for students and scholars of public policy. Key features: consolidates and advances the contemporary body of knowledge on policy styles and defines its distinctiveness within broader policy studies; provides a detailed picture of national policy styles in a wide range of countries as well as insights concerning sectoral and other kinds of styles within countries, including executive styles and styles of policy advice; systematically explores questions dealing with how policy styles impact policy goals, and the realization of policies, including how styles affect instruments choices and impact; provides a guide to future comparative research pathways and cross-sectoral dialogue on the concept and practice of policy styles. The Routledge Handbook Policy Styles is essential reading and an authoritative reference for scholars, students, researchers and practitioners of public policy, public administration, public management as well as for comparative politics and government, public organizations and individual policy areas such as health policy, welfare policy, industrial policy, environmental policy, among others.
Download or read book Towards a Legal Framework for a Diffusion Policy for Data Held by the Public Sector written by Florence Berrisch and published by Springer. This book was released on 1995-03-09 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The commercial diffusion of the information held by the public sector is a new phenomenon in full extension. The Commission of the European community has issued `Guidelines for improving the synergy between the public and private sectors in the information market' to direct the Member States when defining their policy for the diffusion of public sector information. The present book presents a study of the different legal factors intervening in the commercialisation phenomenon.
Download or read book Transportation Policy and Economic Regulation written by John Bitzan and published by Academic Press. This book was released on 2018-04-14 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transportation Policy and Economic Regulation: Essays in Honor of Theodore Keeler addresses a number of today's important transportation policy issues, exploring a variety of transportation modes, and examining the policy implications of a number of alternatives. Theodore Keeler had a distinguished career in transportation economics, helping to shape regulatory policies concerning the transportation industries and assessing the appropriateness of various policies. A distinguishing feature of his work is that it always had policy implications. As a tribute to Theodore Keeler, this book examines transportation policy issues across a variety of transportation industries, including aviation, railroads, highways, motor carrier transport, automobiles, urban transit, and ocean shipping. The book evaluates the economic impact and effectiveness of various policies, employing empirical analyses and new estimation techniques, such as Bayesian analysis. The book is designed for transportation professionals and researchers, as well as transportation economics students, providing an in-depth analysis of some of today's important transportation policy issues. Policy changes established in the last 35-40 years have introduced profound changes in the business environment of the transportation industry. Past policy changes promoted the free market's role in setting prices and determining service availability. While 21st century policy has focused on a variety of other issues, such as safety, road and air congestion, productivity growth, labor relations and exhaust emission, many still promote the role of competition. In addition to examining various transportation policy issues in the U.S., the book explores some approaches to dealing with transportation issues in different parts of the world. Contemporary transportation policy debates have broadened from their initial focus of primarily examining the merits of reforming economic regulations at national levels, to now examining a variety of issues such as alternative methods of social regulation (such as safety regulation and emission controls), new approaches to changing economic regulations, the potential for reforming international regulations, and the appropriate role for government in transportation. - Examines transportation policy developments across a variety of modes, including some international analysis - Shows how new policy changes, such as changes in regulation, affect overall transportation system performance - Features chapters that use innovative methodologies, such as Bayesian techniques, qualitative analysis, and an attribute-incorporated Malmquist productivity index - Examines the ways that policy impacts depend on a variety of factors, and shows how economic tools can be used to gain greater insights into the likely impacts of policy and the desirability of various policies - Analyzes transport prices, quality of service, safety, the use of information technology and operating issues, highlighting how transportation enhances quality of life
Download or read book Routledge Encyclopedia of International Political Economy Entries A F written by R. J. Barry Jones and published by Taylor & Francis. This book was released on 2001 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work is the first comprehensive reference to the rapidly developing field of international political economy [IPE]. Featuring over 1200 A-Z entries, the coverage encompasses the full range of issues, concepts, and institutions associated with IPE in its various forms. Comprehensively cross-referenced and indexed, each entry provides suggestions for further reading along with guides to more specialized sources. Selected entries include: * African Development Bank * benign neglect * Black Monday * casino capitalism * debt management * efficiency * floating exchange rates * General Agreement on Tariffs and Trade [GATT] *information society/economy * Organization of Petroleum-Exporting Countries [OPEC] * Microsoft * multinational corporations, definitions * NATO * patents * rent-seeking * Schellin, Thomas *tax havens * trusts * Value-Added Tax [VAT] * zero-sum games * and many more.
Download or read book Routledge Encyclopedia of International Political Economy written by R. J. Barry Jones and published by Routledge. This book was released on 2002-09-11 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three volume Encyclopedia offers the first comprehensive and authoritative survey of the rapidly developing field of international political economy. Its entries cover the major theoretical issues and analytical approaches within the field. The set also provides detailed discussion of the contributions of key individuals and surveys a wide range of empirical conditions and developments within the global political economy, including its major institutions. The Encyclopedia has been designed to be eclectic in approach and wide-ranging in coverage. Theoretical entries range from discussions of the definition and scope of the field, through core methodological questions such as rationalism and the structure-agent problem, to surveys of the major theories and approaches employed in the study of the international political economy.
Download or read book Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest written by OECD and published by OECD Publishing. This book was released on 2011-10-25 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.
Download or read book Transnational Legal Ordering and State Change written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2013 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Download or read book A Critical Legal Study of the Ideology Behind Solvency II written by Kristina Loguinova and published by Springer Nature. This book was released on 2019-10-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the impact of Solvency II. In recent years, EU legislators have sought to introduce fundamental reforms. Whether these reforms were indeed fundamental is critically investigated with regard to a post-crisis piece of financial legislation affecting the EU’s largest institutional investors: Solvency II. Namely, the last financial and economic crisis, the worst financial catastrophe of the last decade, revealed that financial law in particular was not sufficiently mature to maintain the existence of a robust and trust-worthy financial system that could protect society from economic decline. The work also makes concrete recommendations on achieving a more sustainable future. As such, it offers a valuable resource for anyone who is interested in the financial system, the EU political economy, insurance, sustainability, and Critical Legal Studies.
Download or read book Regulation and the Performance of Communication and Information Networks written by Gerald R. Faulhaber and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Due to their economic characteristics and also to their consequences on many aspects of collective life, information networks have always been at the edge of regulatory innovations and at the center of policy debates. The contributors of this volume combine long term visions of the factors determining regulatory policies with up-to-date analyses of technicalities to be dealt with, to provide the reader with an extended understanding of the issues and constraints shaping the future of digital networks.' Eric Brousseau, Université Paris-Dauphine, France and the European University Institute, Italy Digital markets worldwide are in rapid flux. The Internet and World Wide Web have traditionally evolved in a largely deregulated environment, but recently governments have shown great interest in this rapidly developing sector and are imposing regulations for a variety of reasons that are changing the shape of these industries. This book explores why the industrial organization of broadband ISPs, Internet backbone providers and content/application providers are in such turmoil. The expert contributors straddle the turbulent past of the telecoms sector and also contribute to its exciting though unpredictable future via positive analysis of past communications policies, which is then utilized to deduce lessons to guide future policy making decisions. It is illustrated that broadband ISPs no longer simply provide a conduit for service delivery; they are also involved in producing content and transaction services themselves, in competition with content and delivery providers. The blurring of the traditional lines between these three sectors, as each enters into the others' markets, is highlighted. The conclusion is that we are witnessing the emergence of powerful, competing platforms, linked in complex ways that challenge traditional economic analyses. Exploring governance issues, regulation and investment, next-generation service markets and wireless communication, this book will prove a fascinating and illuminating read for scholars, researchers, post-graduate students and policymakers with an interest in ICT, technology and innovation, economics and industrial organization.
Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Download or read book Yale Law Journal Volume 124 Number 8 June 2015 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2015-06-26 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents of the June 2015 issue (Volume 124, Number 8) of the Yale Law Journal are: Article, "The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement," Anthony J. Casey Note, "A Reassessment of Common Law Protections for 'Idiots,'" Michael Clemente Feature: Arbitration, Transparency, and Privatization: "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights," Judith Resnik "Arbitration and Americanization: The Paternalism of Progressive Procedural Reform," Amalia D. Kessler "Arbitration’s Counter-Narrative: The Religious Arbitration Paradigm," Michael A. Helfand "Disappearing Claims and the Erosion of Substantive Law," J. Maria Glover Feature, "Constitutional Law in an Age of Proportionality," Vicki C. Jackson Quality digital formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This ebook is the last issue of the academic year 2014-2015, Number 8 of Volume 124. It includes a cumulative Index for the volume.
Download or read book Communications Deregulation and FCC Reform Finishing the Job written by Jeffrey A. Eisenach and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communications markets have made much progress towards competition and deregulation in recent years. However, it is increasingly clear, in the age of the Internet and the digital revolution, that much more needs to be done, and that new approaches, both at the Federal Communications Commission and in Congress, will be required to complete the task. In this volume, the Progress and Freedom Foundation presents nine papers by communications policy experts and government policymakers that show how to finish the job of deregulating communications markets and reforming the FCC. The Telecommunications Act of 1996 was a landmark piece of legislation for an industry moving from a monopoly orientation towards competition, but additional steps are needed to complete the process of implementing the pro-competitive, deregulatory vision of the act. Bringing together a group of the caliber represented in this book makes possible the best recommendations about the exact nature of those necessary changes. In this volume, the most difficult and politically-charged hot-button issues involving local and long distance competition, universal service, spectrum allocation, program content regulation, and the public interest doctrine are confronted head-on. As importantly, the authors recommend specific reform proposals to be considered by the Federal Communications Commission and Congress. The ideas contained in the experts' essays were presented and debated at a conference hosted by The Progress & Freedom Foundation, which was held in Washington, DC, on December 8, 2000. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.
Download or read book Regulatory Capitalism written by John Braithwaite and published by Edward Elgar Publishing. This book was released on 2008 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.
Download or read book Policy Accumulation and the Democratic Responsiveness Trap written by Christian Adam and published by Cambridge University Press. This book was released on 2019-04-11 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsiveness to societal demands is both the key virtue and the key problem of modern democracies. On the one hand, responsiveness is a central cornerstone of democratic legitimacy. On the other hand, responsiveness inevitably entails policy accumulation. While policy accumulation often positively reflects modernisation and human progress, it also undermines democratic government in three main ways. First, policy accumulation renders policy content increasingly complex, which crowds out policy substance from public debates and leads to an increasingly unhealthy discursive prioritisation of politics over policy. Secondly, policy accumulation comes with aggravating implementation deficits, as it produces administrative backlogs and incentivises selective implementation. Finally, policy accumulation undermines the pursuit of evidence-based public policy, because it threatens our ability to evaluate the increasingly complex interactions within growing policy mixes. The authors argue that the stability of democratic systems will crucially depend on their ability to make policy accumulation more sustainable.
Download or read book The Politics of Major Policy Reform in Postwar America written by Jeffery A. Jenkins and published by Cambridge University Press. This book was released on 2014-11-10 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines nine critical issues in the politics of major programmatic reforms in post-World War II America.
