Download or read book Retaking Rationality written by Richard L. Revesz and published by Oxford University Press. This book was released on 2011 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

Download or read book Retaking Rationality written by Richard L. Revesz and published by Oxford University Press. This book was released on 2008-04-16 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

Download or read book Retaking Rationality written by Richard L. Revesz and published by Oxford University Press. This book was released on 2008 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

Download or read book Reviving Rationality written by Michael A. Livermore and published by Oxford University Press, USA. This book was released on 2020-12-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers -- Future directions -- Improving the guardrails.

Download or read book Reviving Rationality written by Michael A. Livermore and published by Oxford University Press. This book was released on 2021-06-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety of areas, including health and the environment. Today, this model is under grave threat. In Reviving Rationality, Michael Livermore and Richard Revesz explain how Donald Trump has destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts, rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government's ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.

Download or read book Problem Solving Decision Making and Professional Judgment written by Paul Brest and published by Oxford University Press. This book was released on 2010-05-26 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Problem Solving, Decision Making, and Professional Judgment, Paul Brest and Linda Hamilton Krieger have written a systematic guide to creative problem solving that prepares students to exercise effective judgment and decision making skills in the complex social environments in which they will work. The book represents a major milestone in the education of lawyers and policymakers, Developed by two leaders in the field, this first book of its type includes material drawn from statistics, decision science, social and cognitive psychology, the "judgment and decision making" (JDM) literature, and behavioral economics. It combines quantitative approaches to empirical analysis and decision making (statistics and decision science) with the psychological literature illustrating the systematic errors of the intuitive decision maker. The book can stand alone as a text or serve as a supplement to a core law or public policy curriculum. Problem Solving, Decision Making, and Professional Judgment: A Guide for Lawyers and Policymakers prepares students and professionals to be creative problem solvers, wise counselors, and effective decision makers. The authors' ultimate goals are to help readers "get it right" in their roles as professionals and citizens, and to arm them against common sources of judgment error.

Download or read book Breaking the Logjam written by David Schoenbrod and published by Yale University Press. This book was released on 2010-04-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. Schoenbrod, Stewart, and Wyman, distinguished scholars in the field of environmental law, identify the core problems with existing environmental statutes and programs and explain how Congress can fix them. Based on a project the authors led that incorporated the work of more than fifty leading environmental experts, this book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology.

Download or read book Happiness and the Law written by John Bronsteen and published by University of Chicago Press. This book was released on 2015 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Happiness and the law the two concepts seem to have little to do with one another. To some people, they may even seem diametrically opposed. Yet, one of the things that laws strive to do is improve the quality of people s lives. John Bronsteen and his coauthors draw on new research on happiness from psychology, economics, and neuroscience to understand the law s effects on peoplewhether they make them happy or unhappyand how good the law is at predicting these effects. Happiness research has shown that people can adapt to some things but not to others; that people often err in predicting what will make them happy; and that money affects most people s happiness less than is assumed. Using such insights, the authors consider the effects of legal policies and regulations, criminal punishments, and civil lawsuits on how people experience their lives. The results are exciting and often counterintuitive. The findings of hedonic psychology indicate, for example, a need to rethink our current understandings of imprisonment and monetary fines. Most broadly, the book proposes a comprehensive approach to human welfare to assess the good and bad consequences of laws and policies. This approach, well-being analysis, is far superior to the strictly economically based cost-benefit analyses which currently dominate how we evaluate public policy. The study of happiness is the next step in the evolution from traditional economic analysis of the law to a behavioral approach. "Happiness and the Law" will serve as the definitive, yet accessible, guide to understanding this new paradigm."

Download or read book The Globalization of Cost Benefit Analysis in Environmental Policy written by Michael A. Livermore and published by Oxford University Press. This book was released on 2013-01-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cost-benefit analysis -- the formal estimating and weighing of the costs and benefits of policy alternatives -- is a standard tool for governments in advanced economies. Through decades of research and innovation, institutions have developed in the United States, European Union, and other developed countries that examine and weigh policy alternatives as an aid to governmental decisionmaking. Lawmakers in the advanced economies have used cost-benefit analysis to evaluate core environmental and public health questions, such as urban air pollution control, water quality, and occupational safety. Yet despite its broad adoption in the industrialized world, most developing and emerging countries have not yet incorporated cost-benefit analysis into their policymaking process. Because these countries face significant limitations on financial resources and have less ability to shoulder inefficient rules, it is extremely important for their officials to determine which policies maximize net benefits for their societies. The Globalization of Cost-Benefit Analysis in Environmental Policy examines how cost-benefit analysis can help developing and emerging countries confront the next generation of environmental and public-health challenges. Analysis in the book examines the growing reach of cost-benefit analysis; presents relevant case studies where cost-benefit analysis has been incorporated in the Americas, Africa, Middle East, and Asia; and includes a discussion on the conceptual and institutional issues that must be addressed when adopting cost-benefit analysis in developing and emerging countries. In part because governments in developing and emerging countries have not extensively used cost-benefit analysis, there has been only limited research and discussion of the practice and its potential. Most work that has been done is on the domestic or regional level, and has not been widely shared or distributed within the international academic or policy community. By providing both theoretical and practical discussion of this important new tool, this book makes a valuable contribution to the fields of environmental policy, development studies, and environmental law.

Download or read book The Oxford Handbook of Behavioral Economics and the Law written by Eyal Zamir and published by Oxford University Press. This book was released on 2014-09-16 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Download or read book The Scales of Weighing Regulatory Costs written by Jamison E. Colburn and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the calculation and evaluation of regulatory costs by regulators in accordance with a legislative mandate. A serious limitation in that enterprise, the possibility of technological change and innovation, often compromises those efforts and has long been under-appreciated in standard ‘cost-benefit analysis.’ Regulators who study the inducement of innovation and the avoidance of regulatory costs by the regulated often find significant cost-saving opportunities, leading to more stringent and more effective risk governance. Ultimately, the weighing of costs in this more elaborate model is more than simple welfare maximization. It views regulatory costs as important to society for a range of reasons, some grounded in fairness and some in deliberative process values, as a society seeks to minimize all costs over time.

Download or read book The Reasoning State written by Edward H. Stiglitz and published by Cambridge University Press. This book was released on 2022-06-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative bodies, not legislatures, are the primary lawmakers in our society. This book develops a theory to explain this fact based on the concept of trust. Drawing upon Law, History and Social Science, Edward H. Stiglitz argues that a fundamental problem of trust pervades representative institutions in complex societies. Due to information problems that inhere to complex societies, the public often questions whether the legislature is acting on their behalf—or is instead acting on the behalf of narrow, well-resourced concerns. Administrative bodies, as constrained by administrative law, promise procedural regularity and relief from aspects of these information problems. This book addresses fundamental questions of why our political system takes the form that it does, and why administrative bodies proliferated in the Progressive Era. Using novel experiments, it empirically supports this theory and demonstrates how this vision of the state clarifies prevailing legal and policy debates.

Download or read book Climate Shock written by Gernot Wagner and published by Princeton University Press. This book was released on 2016-04-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: How knowing the extreme risks of climate change can help us prepare for an uncertain future If you had a 10 percent chance of having a fatal car accident, you'd take necessary precautions. If your finances had a 10 percent chance of suffering a severe loss, you'd reevaluate your assets. So if we know the world is warming and there's a 10 percent chance this might eventually lead to a catastrophe beyond anything we could imagine, why aren't we doing more about climate change right now? We insure our lives against an uncertain future—why not our planet? In Climate Shock, Gernot Wagner and Martin Weitzman explore in lively, clear terms the likely repercussions of a hotter planet, drawing on and expanding from work previously unavailable to general audiences. They show that the longer we wait to act, the more likely an extreme event will happen. A city might go underwater. A rogue nation might shoot particles into the Earth's atmosphere, geoengineering cooler temperatures. Zeroing in on the unknown extreme risks that may yet dwarf all else, the authors look at how economic forces that make sensible climate policies difficult to enact, make radical would-be fixes like geoengineering all the more probable. What we know about climate change is alarming enough. What we don't know about the extreme risks could be far more dangerous. Wagner and Weitzman help readers understand that we need to think about climate change in the same way that we think about insurance—as a risk management problem, only here on a global scale. With a new preface addressing recent developments Wagner and Weitzman demonstrate that climate change can and should be dealt with—and what could happen if we don't do so—tackling the defining environmental and public policy issue of our time.

Download or read book Supreme Court Economic Review written by Jonathan Klick and published by University of Chicago Press. This book was released on 2018-03-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court Economic Review is a faculty-edited, peer-reviewed, interdisciplinary law and economics series with a particular focus on economic and social science analysis of judicial decision making, institutional analysis of law and legal structures, political economy and public choice issues regarding courts and other decision-makers, and the relationship between legal and political institutions and the institutions of a free society governed by constitutions and the rule of law. Contributors include renowned legal scholars, economists, and policy-makers, and consistently ranks among the most influential journals of law and economics.

Download or read book The Age of Surveillance Capitalism written by Shoshana Zuboff and published by PublicAffairs. This book was released on 2019-01-15 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges to humanity posed by the digital future, the first detailed examination of the unprecedented form of power called "surveillance capitalism," and the quest by powerful corporations to predict and control our behavior. In this masterwork of original thinking and research, Shoshana Zuboff provides startling insights into the phenomenon that she has named surveillance capitalism. The stakes could not be higher: a global architecture of behavior modification threatens human nature in the twenty-first century just as industrial capitalism disfigured the natural world in the twentieth. Zuboff vividly brings to life the consequences as surveillance capitalism advances from Silicon Valley into every economic sector. Vast wealth and power are accumulated in ominous new "behavioral futures markets," where predictions about our behavior are bought and sold, and the production of goods and services is subordinated to a new "means of behavioral modification." The threat has shifted from a totalitarian Big Brother state to a ubiquitous digital architecture: a "Big Other" operating in the interests of surveillance capital. Here is the crucible of an unprecedented form of power marked by extreme concentrations of knowledge and free from democratic oversight. Zuboff's comprehensive and moving analysis lays bare the threats to twenty-first century society: a controlled "hive" of total connection that seduces with promises of total certainty for maximum profit -- at the expense of democracy, freedom, and our human future. With little resistance from law or society, surveillance capitalism is on the verge of dominating the social order and shaping the digital future -- if we let it.

Download or read book Yale Law Journal Volume 122 Number 3 December 2012 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-01-16 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available in quality ebook formats. This issue of The Yale Law Journal (the third of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • John H. Langbein, "The Disappearance of Civil Trial in the United States" • Daniel E. Ho, "Fudging the Nudge: Information Disclosure and Restaurant Grading" • Saul Levmore & Ariel Porat, "Asymmetries and Incentives in Plea Bargaining and Evidence Production" The issue also includes extensive student research on targeted killings of international outlaws, Confrontation Clause jurisprudence as implemented in lower courts, and the implied license doctrine of copyright law as applied to news aggregators. Ebook formatting includes linked footnotes and an active Table of Contents (including linked Tables of Contents for all individual articles and essays), as well as active URLs in notes and extensive tables, and properly presented figures and tables.

Download or read book Advanced Introduction to U S Environmental Law written by Elliott, E. D. and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of U.S. environmental law. E. Donald Elliott and Daniel C. Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of U.S. environmental law.