Download or read book Regulatory Politics in Transition written by Marc Allen Eisner and published by JHU Press. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Politics in Transition Marc Eisner argues that to understand fully the importance of regulatory policy we need to survey the critical policy shifts brought about during the Progressive period, the New Deal, and the contemporary period. Eisner adopts a regulatory regime framework to address the combination of policy change and institutional innovation across multiple policies in each period. For each of these periods Eisner examines economic structural changes and the prevailing political economic and administrative theories that conditioned the design of new policies and institutions. Throughout, Eisner adds a valuable historical dimension to the discussion of regulation, by showing how policies and institutions were shaped by particular historical and political circumstances. The new edition examines how the efficiency regime of the 1980s found a new expression in the regulatory reinvention during the Clinton presidency. Moreover, it explores the impact of globalization trends and international regimes upon the politics of regulation and asks whether a new global regime is on the horizon.

Download or read book Regulation in Transition written by Bethany Davis Noll and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents have long sought to roll back their predecessors' regulatory policies. They have typically relied on efforts to repeal regulations and to withdraw unpublished or non-final regulations pursuant to “stop-work” orders directed at agency heads. President Trump is no exception. But rather than stick to the typical playbook, he also made aggressive use of three other instruments: Congressional Review Act disapprovals, requests that courts hold in abeyance pending cases challenging Obama-era regulations, and suspensions of final regulations. Through these strategies, the Trump administration was able to reach a far greater proportion of regulations than would have been possible under prior practices.This Article identifies this new trend in aggressive regulatory rollbacks and argues that it is likely to become an enduring feature of American politics. In the current climate, aggressive rollback strategies will lead to an important reconceptualization of the Executive Branch in which future one-term presidents are unlikely to see a significant portion of their regulatory output on important matters survive. As a result, when fashioning regulatory policy, future presidents will face significantly different incentives, which will affect a broad set of decisions, from transition planning for an incoming administration, to the timing of regulatory actions relative to a president's reelection campaign, to electoral strategies.With reelection now a prerequisite for leaving a durable regulatory legacy, regulatory policy will take on characteristics that are similar to electoral schemes in which multiple votes are necessary for significant decisions. But the justifications that undergird these multiple-vote requirements--legitimacy, stability, and quality--do not support the transformation occurring with the Executive Branch's regulatory policymaking power. Despite that fact, these features are likely to remain part of the political and administrative landscape, and future presidential administrations will need to adjust to them.

Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.

Download or read book Regulatory Change and Optimal Transition Relief written by Richard L. Revesz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever legislators and regulators adopt a regulatory change, they face an important question: how should existing actors be required to respond to the new law? For example, if regulators drastically reduce the level of emissions that new plants are permitted to discharge, they might grandfather existing plants, gradually phasing in the new regulation and granting existing polluters a certain period of time - perhaps even a long or undefined period - to incorporate the mandated changes. Alternatively, regulators could insist that existing plants immediately comply with this new regulation, even if some existing plants would have to close their doors. While the dominant view in the academic literature has been that transition relief is undesirable, this view has recently come under attack. Steven Shavell has argued that when actors have made significant investments in order to comply with an existing law, it might be socially optimal to grandfather those actors, as opposed to requiring them to comply with the new law. In this Article, we show that the dominant view has not paid sufficient attention to the issue on which Shavell focused: that the costs of retrofitting existing plants to come to compliance with the new standard can be a great deal higher than that compliance costs for a new plant. But we also show that Shavell has paid insufficient attention to the issue that concerned the dominant view: the desirability of having existing plants anticipate future changes in the legal standard. We therefore craft a distinctive approach to evaluating the desirability of grandfathering. This Article also disputes the argument that has been advanced by prominent scholars that transition relief is desirable because it can reduce wasteful lobbying expenses. They overlook that transition relief results in additional, and significant, lobbying by actors seeking to extend such relief beyond its expiration date. Finally, we argue that the approach to setting regulatory standards and transition rules that is endorsed in the academic literature is flawed because it assumes that regulators should first pick the standard that is optimal for new plants and then choose the best transition rule in light of that standard. Since transition relief often impedes new actors from entering the regulated activity, however, there may be very few new actors to actually meet the more stringent standards. Thus, it may be preferable to adopt a less stringent standard for new actors and a less generous transition policy for existing actors. Both the new rule and the transition rule need to be optimized simultaneously. First optimizing the new rule and then picking the best transition rule in light of the new rule - the universal approach of the academic literature - leads to undesirable results.

Download or read book The Geopolitics of the Global Energy Transition written by Manfred Hafner and published by Springer Nature. This book was released on 2020-06-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is currently undergoing an historic energy transition, driven by increasingly stringent decarbonisation policies and rapid advances in low-carbon technologies. The large-scale shift to low-carbon energy is disrupting the global energy system, impacting whole economies, and changing the political dynamics within and between countries. This open access book, written by leading energy scholars, examines the economic and geopolitical implications of the global energy transition, from both regional and thematic perspectives. The first part of the book addresses the geopolitical implications in the world’s main energy-producing and energy-consuming regions, while the second presents in-depth case studies on selected issues, ranging from the geopolitics of renewable energy, to the mineral foundations of the global energy transformation, to governance issues in connection with the changing global energy order. Given its scope, the book will appeal to researchers in energy, climate change and international relations, as well as to professionals working in the energy industry.

Download or read book The Global Energy Transition written by Peter D Cameron and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments. This book is a flagship publication of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. It launches the Hart series 'Global Energy Law and Policy' and is edited by the series general editors Professors Peter D Cameron and Volker Roeben, and also Dr Xiaoyi Mu.

Download or read book The Regulatory Transition Act of 1995 written by United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs and published by . This book was released on 1995 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liberalization and Regulation of the Telecommunications Sector in Transition Countries written by Ekaterina Markova and published by Springer Science & Business Media. This book was released on 2008-11-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telecommunications are increasingly recognized as a key component in the infrastructure of economic development. For many years, there were state-owned monopolies in the telecommunications sector. In transition economies, they were characterized by especially poor performance and high access deficits, as telecommunications were considered to be a non-profit-oriented production process intended to support the socio-economic superstructures. As a result, the starting point for the reform processes in transition countries was quite poor performed public monopolies, functioned under completely different circumstances as the peers in the market economies. The main question of this book is what the strategies for the successful future development of the telecommunications sector in transition countries are. The special focus is on Russia, the largest of the transition countries.

Download or read book In With the Old Out With the New written by Bruce R. Huber and published by . This book was released on 2010 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. Existing products or sources of pollution are often grandfathered out of new regulatory requirements or receive other forms of transition relief. Such treatment reflects a recurrent political challenge facing makers of environmental policy: whether and how to mitigate regulatory burdens when policy change upsets settled expectations and investment commitments. This dissertation first presents a survey of transition policies in various areas of environmental regulation, and then explores whether and how these policies might be explained by existing theories of regulation. The next four chapters present detailed case studies drawn from the trucking and pesticide industries, describing both the emergence of transition relief and the later efforts of policymakers to address problems arising out of this relief. These case studies demonstrate that although numerous variables affect transition policy, the degree of transition relief in a regulatory program is substantially influenced by the cost impacts of that program on incumbents, a factor which in turn is shaped by the composition and competitive dynamics of the regulated industry.

Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

Download or read book Regulatory Transition Act of 1995 and Clean Air Act Regulations written by United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs and published by . This book was released on 1996 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Regulation of Decommissioning Abandonment and Reuse Initiatives in the Oil and Gas Industry written by André Pereira da Fonseca, and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Download or read book The Tradition and Modern Transition of Chinese Law written by Jinfan Zhang and published by Springer. This book was released on 2016-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.

Download or read book From Neurons to Neighborhoods written by National Research Council and published by National Academies Press. This book was released on 2000-11-13 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we raise young children is one of today's most highly personalized and sharply politicized issues, in part because each of us can claim some level of "expertise." The debate has intensified as discoveries about our development-in the womb and in the first months and years-have reached the popular media. How can we use our burgeoning knowledge to assure the well-being of all young children, for their own sake as well as for the sake of our nation? Drawing from new findings, this book presents important conclusions about nature-versus-nurture, the impact of being born into a working family, the effect of politics on programs for children, the costs and benefits of intervention, and other issues. The committee issues a series of challenges to decision makers regarding the quality of child care, issues of racial and ethnic diversity, the integration of children's cognitive and emotional development, and more. Authoritative yet accessible, From Neurons to Neighborhoods presents the evidence about "brain wiring" and how kids learn to speak, think, and regulate their behavior. It examines the effect of the climate-family, child care, community-within which the child grows.

Download or read book Presidential Transition Guide written by Partnership for Public Service and published by . This book was released on 2016-01-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Partnership for Public Service's comprehensive guide to the activities required during the transition. The guide features detailed outlines of the transition practices, archival materials from past transitions, and recommendations for a successful presidential transition.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School