Download or read book Private Regulation Public Policy and Administrative Law written by Jonathan Lurie and published by . This book was released on 1975* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Idea of a Private Administrative Law written by Rodrigo Vallejo and published by . This book was released on 2021 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: A panoptic overview of current governing practices evidences the proliferation of a diverse, multifaceted, and fast-evolving fauna of private regulators in several realms of public policy. Whether at the domestic, regional, or global levels, the private regulation phenomenon has been received as a conundrum, if not an overall crisis, for modern paradigms of legal and political authority. Taking the EU as a laboratory, this doctoral dissertation addresses the interpretative challenge raised by this phenomenon by elaborating an innovative account about private regulation from a legal perspective. Drawing upon examples from the fields of trade law, financial law, data protection law in ecommunications, as well as social and environmental sustainability law through supply-chains, this doctoral dissertation examines how the EU has been transforming the terms of private regulatory authority in several legal fields with a transnational reach. By integrating elements of private law with administrative law theories, in particular, I argue that these transformations may be productively conceptualized as an emergent 'private administrative law' that the EU has been creating, albeit still in embryonic and inchoate ways. For these purposes, the dissertation proceeds in four steps. After documenting the proliferation of private regulators in several legal fields, part I places the idea of a private administrative law as a distinctive approach to the phenomenon through an overarching mapping and review of the relevant literature about private regulation in contemporary law and legal thought. Part II elaborates upon the legal basis as well as on the jurisprudential (i.e., theoretical - normative) foundations of the idea of a private administrative law, by contrasting the legal approaches taken by the EU and the USA to private regulatory authority. In this way, I delineate the basic analytical, methodological, and normative contours that sustain the idea of a private administrative law as a new legal concept and institution. Part III marks the transition from the abstract to the concrete. By providing an in-depth examination of technical standardisation processes (in the EU's internal dimension) and financial reporting standards (in the EU's external dimension), I illustrate how the idea of a private administrative law distinctively contributes to understand and assess these private regulatory practices. At the same time, I discuss why this idea also clarifies many of the puzzles and contradictions currently informing legal debates in EU law and legal thought surrounding these practices. I end up this part of the dissertation giving an indication of other realms where the private administrative law framework can also be extended, laying out in this way the groundwork for a future research agenda on private authority in national or transnational governance. Finally, part IV takes a more evaluative stance on the concept by reflecting upon its capacities, challenges, risks and also its limits. With these warrants, I conclude positioning the idea of a private administrative law as a distinctive and normatively attractive conceptual framework to reflect upon the place, role, and the very significance of EU Law within a landscape of contemporary political economies characterised by an expanding topography of private regulators.
Download or read book Business Regulation and Public Policy written by André Nijsen and published by Springer Science & Business Media. This book was released on 2008-12-03 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: For years, businesses have complained about the costs of regulatory compliance. On the other hand, society is becoming increasingly aware of the environmental, safety, health, financial, and other risks of business activity. Government oversight seems to be one of the answers to safeguard against these risks. But how can we deregulate and regulate without jeopardizing our public goals or acting as a brake on economic growth? Many instruments are available to assess the effects of laws regulating business, including the regulatory impact assessment (RIA), which contains cost/benefit analysis, cost-effectiveness analysis, risk analysis, and cost assessments. This book argues that public goals will be achieved more effectively if compliance costs of the enterprises are as low as possible. Highlighting examples from a wide spectrum of industries and countries, the authors propose a new kind of RIA, the business impact assessment (BIA), designed to improve both business and public policy decision making.
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 Private Governance and its Limits written by Jean-Christophe Graz and published by Routledge. This book was released on 2007-09-12 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
Download or read book Public Administration Public Management written by Jan-Erik Lane and published by Routledge. This book was released on 2006-08-21 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perspective on the public sector that presents a concise and comprehensive analysis of exactly what it is and how it operates. Governments in any society deliver a large number of services and goods to their populations. To get the job done, they need public management in order to steer resources – employees, money and laws – into policy outputs and outcomes. In well-ordered societies the teams who work for the state work under a rule-of-law framework, known as public administration. This book covers the key issues of: the principal-agent framework and the public sector public principals and their agents the economic reasons of government public organization, incentives and rationality in government the essence of public administration: legality and the rule of law public policy criteria: the Cambridge and Chicago positions public teams and private teams public firms public insurance public management policy Public Administration & Public Management is essential reading for those with professional and research interests in public administration and public management.
Download or read book New Public Management written by Jan-Erik Lane and published by Routledge. This book was released on 2002-09-11 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on economics, organisational theory and politics, Jan-Erik Lane presents new public management from an analytical perspective.
Download or read book The Role of the EU in Transnational Legal Ordering written by Marta Cantero Gamito and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
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 Public Administration written by David H. Rosenbloom and published by Routledge. This book was released on 2022-01-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of Public Administration: Understanding Management, Politics, and Law in the Public Sector grounds students in the fundamentals of public administration while embracing its complexity. It describes, explains, and analyzes public administration through the lenses of three well-established perspectives: management, politics, and law. In addition to thoroughly refreshed examples and case studies, significant updates to this new edition include the following: The discussion of management has been collapsed into a single category, contemporary public management, to better reflect the blending of traditional/orthodox and new public management approaches in the field. Significant changes to federal administration initiated by the Trump administration, the emergence of "hyper-" partisanship, major court decisions affecting public administration, and newer scholarship and foci in public administration. A thoroughly rewritten chapter on budgeting and public finance. New public governance material is incorporated throughout the book, including collaborative models for coordinating administration with private organizations, particularly nonprofits. Additional attention is paid to public participation in public administration, including public administration's potential contribution to strengthening democratic citizenship. Thorough discussion of the latest managerial techniques and concepts as well as the contemporary performance orientation in the public sector. Downloadable instructor support materials including Key Points, Discussion and/or Test Questions, Multiple Choice Questions, True or False Questions, and an Answer Key to accompany each chapter in the book. Together these revisions reinvigorate the book yet retain its core structure, ideas, and familiarity for students and instructors alike. While the new edition retains its focus on the U.S. context, the focus on managerial, legislative, and judicial functions lends itself well to public administration in many developed nations, making the book a popular choice with instructors around the globe. This time-tested and fully up-to-date textbook is required reading for all students of public administration, public management, and nonprofit management.
Download or read book Comparative Law and Regulation written by Francesca Bignami and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Governance by regulation (rules propounded and enforced by bureaucracies) is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations. Today the regulation of everything from e-commerce and product safety to air quality is global. To understand how regulation is made and enforced in the multiple domestic and international jurisdictions involved, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the global regulatory process. The book affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals"--Publisher's website.
Download or read book Enforcement of Transnational Regulation written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Globalization pushes the boundaries of markets. Alongside the greater "goods" of transnational economic activity come the "bads" of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the susperstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.' – Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-à-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement – under international law and through national courts – and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy-makers and law-makers.
Download or read book Common Values and the Public Private Divide written by Dawn Oliver and published by Cambridge University Press. This book was released on 1999-08 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
Download or read book Research Handbook on Global Administrative Law written by Sabino Cassese and published by Edward Elgar Publishing. This book was released on 2016-02-27 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
Download or read book Regulation and Public Interests written by Steven P. Croley and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
