Greed Chaos And Governance

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Greed, Chaos, and Governance

Jerry L. Mashaw
Greed Chaos and Governance Book PDF

Author : Jerry L. Mashaw
Publisher : Yale University Press
Page : 256 pages
File Size : 49,6 Mb
Release : 1999-01-11
Category : Law
ISBN : 0300078706

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Greed, Chaos, and Governance by Jerry L. Mashaw Pdf

Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.

Why Government Fails So Often

Peter H. Schuck
Why Government Fails So Often Book PDF

Author : Peter H. Schuck
Publisher : Princeton University Press
Page : 484 pages
File Size : 51,7 Mb
Release : 2015-08-25
Category : Law
ISBN : 9780691168531

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Why Government Fails So Often by Peter H. Schuck Pdf

"From healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. The most alarming consequence of ineffective policies, in addition to unrealized social goals, is the growing threat to the government's democratic legitimacy. Understanding why government fails so often--and how it might become more effective--is an urgent responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state.Schuck argues that Washington's failures are due not to episodic problems or partisan bickering, but rather to deep structural flaws that undermine every administration, Democratic and Republican. These recurrent weaknesses include unrealistic goals, perverse incentives, poor and distorted information, systemic irrationality, rigidity and lack of credibility, a mediocre bureaucracy, powerful and inescapable markets, and the inherent limits of law. To counteract each of these problems, Schuck proposes numerous achievable reforms, from avoiding moral hazard in student loan, mortgage, and other subsidy programs, to empowering consumers of public services, simplifying programs and testing them for cost-effectiveness, and increasing the use of "big data." The book also examines successful policies--including the G.I. Bill, the Voting Rights Act, the Earned Income Tax Credit, and airline deregulation--to highlight the factors that made them work.An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such disrepute and how it can do better"--

Transatlantic Governance in the Global Economy

Mark A. Pollack,Gregory C. Shaffer
Transatlantic Governance in the Global Economy Book PDF

Author : Mark A. Pollack,Gregory C. Shaffer
Publisher : Rowman & Littlefield
Page : 370 pages
File Size : 50,7 Mb
Release : 2001
Category : Business & Economics
ISBN : 074250932X

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Transatlantic Governance in the Global Economy by Mark A. Pollack,Gregory C. Shaffer Pdf

This important book examines transatlantic economic relations in the 1990s, and in particular efforts by the United States and the European Union to establish new forms of governance to cope with increasing economic interdependence. The authors explain the development of transatlantic cooperation, culminating in the multi-leveled governance mechanisms of the New Transatlantic Agenda. They assess, as well, central questions about the nature of transatlantic governance, as reflected in competing international relations theories of intergovernmental, transgovernmental (technocratic), and transnational (civil society) relations. Bringing together leading scholars from political science and law, the book provides a rich mix of analytic and normative perspectives that will be an invaluable resource for scholars, students, and policymakers alike.

Governance in a Global Economy

Miles Kahler,David A. Lake
Governance in a Global Economy Book PDF

Author : Miles Kahler,David A. Lake
Publisher : Princeton University Press
Page : 515 pages
File Size : 46,5 Mb
Release : 2021-08-10
Category : Political Science
ISBN : 9780691234687

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Governance in a Global Economy by Miles Kahler,David A. Lake Pdf

Critics of globalization claim that economic integration drains political authority from states: devolving authority to newly empowered regions, delegating it to supranational organizations, and transferring it to multinational firms and nongovernmental organizations. Globalization is also attacked for forcing convergence of state institutions and policies and threatening the ability of societies to chart their own democratically determined courses. In Governance in a Global Economy, Miles Kahler and David Lake assemble the contributions of seventeen leading scholars who have systematically investigated how global economic integration produces changes of governance. These authors conclude that globalization has created a new and intricate fabric of governance, but one that fails to match the stark portrait of beleaguered states. Exploring changes in governance across several policy areas (such as tourism, trade, finance, and fiscal and monetary policy), the authors demonstrate that globalization changes the policy preferences of some actors, increases the bargaining power of others, and opens new institutional options for yet others. By reintroducing agency and choice into our understanding of globalization, this book provides important new insights into the complex and contingent effects of globalization on political authority and governance. The introduction and the conclusion are by the editors; the contributors are James A. Caporaso, Benjamin J. Cohen, Barry Eichengreen, Zachary Elkins, Geoffrey Garrett, Peter Gourevitch, Virginia Haufler, Michael J. Hiscox, Robert O. Keohane, Lisa L. Martin, Walter Mattli, Kathleen R. McNamara, Joseph S. Nye, Jr., Jonathan Rodden, Ronald Rogowski, Beth A. Simmons, and Peter Van Houten.

The Constitution of Private Governance

Harm Schepel
The Constitution of Private Governance Book PDF

Author : Harm Schepel
Publisher : Hart Publishing
Page : 498 pages
File Size : 41,7 Mb
Release : 2005-02
Category : Business & Economics
ISBN : 9781841134871

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The Constitution of Private Governance by Harm Schepel Pdf

The book offers the first systematic treatment of European, American and international 'standards law' in the English language.

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk

OECD
OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 251 pages
File Size : 50,5 Mb
Release : 2010-04-09
Category : Electronic
ISBN : 9789264082939

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OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk by OECD Pdf

This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.

Conflict of Interest in Global, Public and Corporate Governance

Anne Peters,Lukas Handschin
Conflict of Interest in Global Public and Corporate Governance Book PDF

Author : Anne Peters,Lukas Handschin
Publisher : Cambridge University Press
Page : 489 pages
File Size : 40,6 Mb
Release : 2012-11-29
Category : Law
ISBN : 9781107029323

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Conflict of Interest in Global, Public and Corporate Governance by Anne Peters,Lukas Handschin Pdf

An interdisciplinary and international study addressing conflict of interest in different spheres and at different levels of governance.

The New Separation of Powers

Eoin Carolan
The New Separation of Powers Book PDF

Author : Eoin Carolan
Publisher : Oxford University Press on Demand
Page : 315 pages
File Size : 45,5 Mb
Release : 2009-10-08
Category : Language Arts & Disciplines
ISBN : 9780199568673

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The New Separation of Powers by Eoin Carolan Pdf

This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.

Administrative Law from the Inside Out

Nicholas R. Parrillo
Administrative Law from the Inside Out Book PDF

Author : Nicholas R. Parrillo
Publisher : Cambridge University Press
Page : 559 pages
File Size : 52,5 Mb
Release : 2017-03-23
Category : Law
ISBN : 9781107159518

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Administrative Law from the Inside Out by Nicholas R. Parrillo Pdf

This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.

Legitimacy in European Administrative Law

Dornburg Research Group on New Administrative Law. Workshop
Legitimacy in European Administrative Law Book PDF

Author : Dornburg Research Group on New Administrative Law. Workshop
Publisher : Trans Pacific Press
Page : 380 pages
File Size : 53,5 Mb
Release : 2011
Category : Administrative law
ISBN : 9089520988

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Legitimacy in European Administrative Law by Dornburg Research Group on New Administrative Law. Workshop Pdf

Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.

Regulatory State

Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack
Regulatory State Book PDF

Author : Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack
Publisher : Aspen Publishing
Page : 1325 pages
File Size : 46,6 Mb
Release : 2019-09-13
Category : Law
ISBN : 9781543815979

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Regulatory State by Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack Pdf

The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples

The Regulatory State

Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack
The Regulatory State Book PDF

Author : Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack
Publisher : Aspen Publishing
Page : 1024 pages
File Size : 46,9 Mb
Release : 2023-09-14
Category : Law
ISBN : 9798886142044

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The Regulatory State by Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack Pdf

Distinguished by a practical focus on how federal administrative agencies make decisions and how political institutions influence and courts review those decisions, with coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation. Uses primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible. Presents legislation with attention to modern developments in the legislative process. Presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the 4th Edition: Significant New Supreme Court decisions, with detailed Notes, on: textual statutory interpretation (Bostock v. Clayton County) the Major Questions Doctrine (West Virginia v. EPA) and the shifting Chevron framework arbitrary and capricious review (FCC v. Prometheus Radio Project) New Presidential and OIRA documents reshaping regulatory review, including: Executive Order on Modernizing Regulatory Review (Exec. Order 14094) Draft Revisions to Circular A-4 on Regulatory Analysis Updated coverage on scientific analysis in agency decision making New treatment of distributional analysis and consideration of equity in agency decision making Benefits for instructors and students: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative/theoretical questions, practical examples

Presidential Government

Benjamin Ginsberg
Presidential Government Book PDF

Author : Benjamin Ginsberg
Publisher : Yale University Press
Page : 504 pages
File Size : 53,6 Mb
Release : 2016-05-24
Category : Political Science
ISBN : 9780300212068

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Presidential Government by Benjamin Ginsberg Pdf

Noted political scientist Benjamin Ginsberg has written an essential text for courses on the United States presidency. An invaluable resource, Ginsberg’s comprehensive analysis emphasizes the historical, constitutional, and legal dimensions of presidential power. He explores the history and essential aspects of the office, the president’s relationship to the rest of the executive branch and to a subordinated Congress, and the evolution of the American president from policy executor to policy maker. Compelling photo essays delve into topics of special interest, including First Spouses, Presidential Eligibility, and Congressional Investigations of the White House.

Government and Markets

Edward J. Balleisen,David A. Moss
Government and Markets Book PDF

Author : Edward J. Balleisen,David A. Moss
Publisher : Cambridge University Press
Page : 579 pages
File Size : 49,9 Mb
Release : 2010
Category : Business & Economics
ISBN : 9780521118484

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Government and Markets by Edward J. Balleisen,David A. Moss Pdf

After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs, and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences.

Financial Crisis Containment and Government Guarantees

John Raymond LaBrosse,Rodrigo Olivares-Caminal,Dalvinder Singh
Financial Crisis Containment and Government Guarantees Book PDF

Author : John Raymond LaBrosse,Rodrigo Olivares-Caminal,Dalvinder Singh
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 52,9 Mb
Release : 2013-01-01
Category : Business & Economics
ISBN : 9781781005002

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Financial Crisis Containment and Government Guarantees by John Raymond LaBrosse,Rodrigo Olivares-Caminal,Dalvinder Singh Pdf

ÔThis enlightening volume provides an invaluable guide for those perplexed by the seemingly intractable problems of financial crises, sovereign distress, and government guarantees. Contributors include an all-star cast of leading figures in the field. Highly recommended.Õ Ð Geoffrey Miller, New York University, US ÔThe history of the 2007Ð09 and possibly beyond near-global financial crisis needs to be examined carefully in order to identify and understand the causes, the transmission across countries, the harm to macroeconomies, the public policies adopted, the effectiveness of such policies, and the lessons to be learned to prevent or at least mitigate future such crises. This volume contributes to this task. It brings together under one cover the analyses of the various aspects of the crisis by experts in each area. It should be priority reading for serious students of the crisis.Õ Ð George G. Kaufman, Loyola University Chicago, US ÔThe combination of the skills of the lawyer and of the economist has proved increasingly fruitful, developing both understanding and policy in many areas of life, such as accident prevention, crime prevention, and healthcare. This book follows the precedent of these areas and assembles a group of lawyers and economists who by their contributions, consider how best to deal with financial crises, and how to make their future occurrence less likely. It is both intellectually stimulating and practically important. The authors and editors are to be congratulated.Õ Ð Geoffrey Wood, Cass Business School and University of Buckingham, UK Financial Crisis Containment and Government Guarantees analyses the international communityÕs commitment to forging enhanced, well thought-out, mechanisms for containing systemic risks in the context of a highly interconnected global financial framework which incorporates ongoing financial innovation. While use of government guarantees is a central theme, the book also analyses the roles played by prudential regulators, central banks, deposit insurers and treasuries in dealing with the crisis. The book examines how governments, central banks, regulators and deposit insurance agencies have worked together to contain the global financial crisis. Additionally, it focuses on efforts to overcome ongoing obstacles, as well as the most important proposals to improve safety nets, both at the national level and internationally. This concise and detailed book will strongly appeal to students in law, economics and finance, law practitioners, policymakers in central banks and ministries of finance, as well as deposit protection agencies and regulatory agencies.