Download or read book The Perils of Regulation written by Israel M. Kirzner and published by . This book was released on 1983 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Download or read book Philosophy and Public Administration written by Edoardo Ongaro and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy and Public Administration provides a systematic and comprehensive introduction to the philosophical foundations of the study and practice of public administration. In this revised second edition, Edoardo Ongaro offers an accessible guide for improving public administration, exploring connections between basic ontological and epistemological stances and public governance, while offering insights for researching and teaching philosophy for public administration in university programmes.
Download or read book Wedlocked written by Katherine Franke and published by NYU Press. This book was released on 2015-11-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares today’s same-sex marriage movement to the experiences of black people in the mid-nineteenth century. The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can mobilize. Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Maintaining that the transition to greater freedom was both wondrous and perilous for newly emancipated people, Katherine Franke relates stories of former slaves’ involvements with marriage and draws lessons that serve as cautionary tales for today’s marriage rights movements. While “be careful what you wish for” is a prominent theme, they also teach us how the rights-bearing subject is inevitably shaped by the very rights they bear, often in ways that reinforce racialized gender norms and stereotypes. Franke further illuminates how the racialization of same-sex marriage has redounded to the benefit of the gay rights movement while contributing to the ongoing subordination of people of color and the diminishing reproductive rights of women. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free.
Download or read book Innovation and the State written by Cristie Ford and published by Cambridge University Press. This book was released on 2017-12-07 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From social media to mortgage-backed securities, innovation carries both risk and opportunity. Groups of people win, and lose, when innovation changes the ground rules. Looking beyond formal politics, this new book by Cristie Ford argues that we need to recognize innovation, and financial innovation in particular, as a central challenge for regulation. Regulation is at the leading edge of politics and policy in ways that we have not yet fully grasped. Seemingly innocuous regulatory design choices have clear and profound practical ramifications for many of our most cherished social commitments. Innovation is a complex phenomenon that needs to be understood not only in technical terms, but also in human ones. Using financial regulation as her primary example, Ford argues for a fresh approach to regulation, which recognizes innovation for the regulatory challenge that it is, and which binds our cherished social values and our regulatory tools ever more tightly together.
Download or read book The Perils of Global Legalism written by Eric A. Posner and published by University of Chicago Press. This book was released on 2009-10-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
Download or read book The Perils of Proximity written by Richard C. Bush and published by Brookings Institution Press. This book was released on 2013-07-15 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rivalry between Japan and China has a long and sometimes brutal history, and they continue to eye each other warily as the balance of power tips toward Beijing. They cooperate and compete at the same time, but if competition deteriorates into military conflict, the entire world has much to lose. The Perils of Proximity evaluates the chances of armed conflict between China and Japan, presenting in stark relief the dangers it would pose and revealing the steps that could head off such a disastrous turn of events. Richard Bush focuses his on the problematic East China Sea region. Although Japan’s military capabilities are more considerable than some in the West realize, its defense budget has remained basically flat in recent years. Meanwhile, Chinese military expenditures have grown by double digits annually. Moreover, that the emphasis of China’s military modernization is on power projection—the ability of its air and naval forces to stretch their reach to the east, thus encroaching on its island neighbor. Tokyo regards the growth of Chinese power and its focus on the East China Sea with deep anxiety. How should they respond? The balance of power is changing, and Japan must account for that uncomfortable fact in crafting its strategy. It is incumbent on China, Japan, and the United States to take steps to reduce the odds of clash and conflict in the East China Sea, and veteran Asia analyst Bush presents recommendations to that end. The steps he suggests won’t be easy, and effective political leadership will be absolutely critical. If implemented fully and correctly, however, they have the potential of reducing the perils of proximity in Asia.
Download or read book Regulatory Waves written by Oonagh B. Breen and published by Cambridge University Press. This book was released on 2017 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the features of both governmental regulation of non-profit organizations and self-regulation by non-profit sectors themselves.
Download or read book The Government of Risk written by Christopher Hood and published by Oxford University Press, USA. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does regulation vary so dramatically from one area to another? Why are some risks regulated aggressively and others responded to only modestly? Is there any logic to the techniques we use in risk regulation? These key questions are explored in The Government of Risk. This book looks at a number of risk regulations regimes, considers the respects in which they differ, and examines how these differences can be explained. Analysing regulation in terms of 'regimes' allows us to see the rich, multi-dimensional nature of risk regulation. It exposes the thinness of society-wide analyses of risk controls and it offers a perspective that single case studies cannot reach. Regimes analysis breaks down the components of risk regulation systems and shows how these interact. It also shows how different parts of the same regime may be shaped by different factors and have to be understood in quite different ways. The Government of Risk shows how such an approach is of high policy relevance as well as of considerable theoretical importance.
Download or read book The Perils of International Regime Complexity in Shadow Banking written by Lucia Quaglia and published by Oxford University Press. This book was released on 2022-06-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the role of shadow banking in the building up of the 2008 international financial crisis, the massive size of this sector, its cross-border nature, and the risks it entails for financial stability, the post-crisis regulation of shadow banking has remained rather feeble. Why?The Perils of International Regime Complexity in Shadow Banking identifies a 'game of shadows', which unfolded recursively concerning the definition, monitoring, and regulation of shadow banking internationally. Thus, states, regulators, and private actors tended to cast light away from variousparts of the shadow banking system - shadow banking was (re)fined over time, its measurement was narrowed down, lessening the (perceived) need for regulation.The playing out of such a game was facilitated by the international architecture for shadow banking governance, which is a 'regime complex' characterized by the presence of multiple institutions and elemental regimes governing a set of related issues. Indeed, shadow banking is a quintessential casefor demonstrating the perils of international regime complexity, which magnifies problems that are endemic in governing global finance - namely, interstate competition, disagreement between technocratic bodies, and the power of the financial industry - while splintering solutions, due to thefragmentation of regulatory authority.Empirically, this book examines various elemental regimes concerning different aspects of shadow banking, namely: international standards for defining, measuring, and monitoring global shadow banking; international standards for shadow banking entities, including money market funds, hedge funds, andinvestment funds; international standards for shadow banking activities, such as securitization, securities lending, and repos; international standards for bank capital exposures to shadow banking.
Download or read book Achieving Democracy written by Sidney A. Shapiro and published by Oxford University Press, USA. This book was released on 2014 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Achieving Democracy' explains and explores the dynamic and changing nature of contemporary government and the future of the regulatory state. In a critique of the last 30 years of neoliberal government in the United States, Sidney A. Shapiro and Joseph P. Tomain demonstrate how to regain essential democratic losses, under a successful framework of a progressive government, to ultimately construct a good society for all citizens.
Download or read book Reforming Infrastructure written by Ioannis Nicolaos Kessides and published by World Bank Publications. This book was released on 2004 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electricity, natural gas, telecommunications, railways, and water supply, are often vertically and horizontally integrated state monopolies. This results in weak services, especially in developing and transition economies, and for poor people. Common problems include low productivity, high costs, bad quality, insufficient revenue, and investment shortfalls. Many countries over the past two decades have restructured, privatized and regulated their infrastructure. This report identifies the challenges involved in this massive policy redirection. It also assesses the outcomes of these changes, as well as their distributional consequences for poor households and other disadvantaged groups. It recommends directions for future reforms and research to improve infrastructure performance, identifying pricing policies that strike a balance between economic efficiency and social equity, suggesting rules governing access to bottleneck infrastructure facilities, and proposing ways to increase poor people's access to these crucial services.
Download or read book Responsive Regulation written by Ian Ayres and published by Oxford University Press. This book was released on 1995-02-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Download or read book Breaking the Vicious Circle written by Stephen Breyer and published by Harvard University Press. This book was released on 1995-03-15 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.
Download or read book The Precautionary Principle in EU Risk Regulation written by Barbara Berthoud and published by Anchor Academic Publishing (aap_verlag). This book was released on 2014-07-18 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle provides a justification to act where scientific uncertainty about the nature and extent of detected indications of harm would otherwise possibly impede regulatory interventions. The highly controversial and often misunderstood principle plays a central role in European risk regulation. The present volume should allow readers to gain an overview of all essential points linked with the role of the principle in the risk regulation framework of the European Union. Based on an outline of the precautionary principle’s main characteristics and its conception by the European Commission, common allegations brought against the principle are illuminated and critically assessed. The second part of the book is then devoted to the actual implementation of the principle in the EU – from early applications to ongoing disputes. Three case studies from the agrochemical, pharmaceutical and food packaging sector reflect current applications as well as the relevant institutional and procedural framework. Insights from the theoretical part and the case studies are melted in the final discussion section that also includes recommendations for EU risk regulators.
Download or read book Regulatory Program of the United States Government written by United States. Office of Management and Budget and published by . This book was released on 1990 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
