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Author : Eric C. Ip
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 42,5 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788110242
Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.
Author : Eric C. Ip
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 41,9 Mb
Release : 2020-10-30
Category : Electronic
ISBN : 1788110234
Drawing insights from economics and political science, Judging Regulators demonstrates how the administrative law of both the US and the UK has been polarized along a spectrum of effective 'veto-gates' since the mid-20th century. The author systematically compares and contrasts administrative law in the US and the UK, proposing an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. He explains the current divergence in administrative common law between both sides of the Atlantic, forecasting their future in light of recent destabilizing political developments, such as the attempts by US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister, contrary to the long-standing Wednesbury unreasonableness standard. Applying his Veto-gate Theory of Administrative Common Law, Ip theorizes how long-term changes in the polities' number of veto-gates is key to understanding why an antithesis emerged between these two flagships of the common law world. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and researchers of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful to political scientists and economists interested in judicial politics and regulation.
Author : Andrei Shleifer
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2012
Category : Administrative procedure
ISBN : 0262016958
Government regulation is ubiquitous today in rich and middle-income countries--present in areas that range from workplace conditions to food processing to school curricula--although standard economic theories predict that it should be rather uncommon. In this book, Andrei Shleifer argues that the ubiquity of regulation can be explained not so much by the failure of markets as by the failure of courts to solve contract and tort disputes cheaply, predictably, and impartially. When courts are expensive, unpredictable, and biased, the public will seek alternatives to dispute resolution. The form this alternative has taken throughout the world is regulation. The Failure of Judges and the Rise of Regulators gathers Shleifer's influential writings on regulation and adds to them a substantial introductory essay in which Shleifer critiques the standard theories of economic regulation and proposes "the Enforcement Theory of Regulation," which sees regulation as the more efficient strategy for social control of business. Subsequent chapters present the theoretical and empirical case against the efficiency of courts, make the historical and theoretical case for the comparative efficiency of regulation, and offer two empirical studies suggesting circumstances in which regulation might emerge as an efficient solution to social problems. Shleifer does not offer an unconditional endorsement of regulation and its expansion but rather argues that it is better than its alternatives, particularly litigation.
Author : Andrei Shleifer
Publisher : MIT Press
Page : 0 pages
File Size : 43,5 Mb
Release : 2016-03-25
Category : Business & Economics
ISBN : 9780262529525
A noted economist argues that the ubiquity of regulation can be explained by its greater efficiency when compared to litigation. Government regulation is ubiquitous today in rich and middle-income countries—present in areas that range from workplace conditions to food processing to school curricula—although standard economic theories predict that it should be rather uncommon. In this book, Andrei Shleifer argues that the ubiquity of regulation can be explained not so much by the failure of markets as by the failure of courts to solve contract and tort disputes cheaply, predictably, and impartially. When courts are expensive, unpredictable, and biased, the public will seek alternatives to dispute resolution. The form this alternative has taken throughout the world is regulation. The Failure of Judges and the Rise of Regulators gathers Shleifer's influential writings on regulation and adds to them a substantial introductory essay in which Shleifer critiques the standard theories of economic regulation and proposes “the Enforcement Theory of Regulation,” which sees regulation as the more efficient strategy for social control of business. Subsequent chapters present the theoretical and empirical case against the efficiency of courts, make the historical and theoretical case for the comparative efficiency of regulation, and offer two empirical studies suggesting circumstances in which regulation might emerge as an efficient solution to social problems. Shleifer does not offer an unconditional endorsement of regulation and its expansion but rather argues that it is better than its alternatives, particularly litigation. Contributors Nicola Gennaioli, Anthony Niblett, Richard A. Posner, Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes, Edward L. Glaeser, Simon Johnson, Casey B. Mulligan
Author : Richard Devlin,Adam Dodek
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 46,9 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781786430793
Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
Author : David M. O′Brien
Publisher : CQ Press
Page : 337 pages
File Size : 55,5 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781506340296
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College
Author : Thomas Cottier
Publisher : University of Michigan Press
Page : 377 pages
File Size : 50,7 Mb
Release : 2003-09-02
Category : Business & Economics
ISBN : 9780472113194
Papers presented at the fourth annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 21-22, 2000.
Author : Robert M. Howard,Amy Steigerwalt
Publisher : Routledge
Page : 245 pages
File Size : 46,7 Mb
Release : 2012-03-22
Category : Law
ISBN : 9781136887604
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Author : Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 43,7 Mb
Release : 2013-10-16
Category : Law
ISBN : 9781782252306
After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 55,7 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author : United States. Department of the Army
Publisher : Unknown
Page : 330 pages
File Size : 48,7 Mb
Release : 1982
Category : Courts-martial and courts of inquiry
ISBN : UVA:X030449462
Author : James J. Gross,Brett Q. Ford
Publisher : Guilford Publications
Page : 634 pages
File Size : 48,8 Mb
Release : 2023-10-19
Category : Psychology
ISBN : 9781462553051
This definitive handbook is now in an extensively revised third edition with many all-new chapters and new topics. Leading authorities present cutting-edge knowledge about how and why people try to regulate their emotions, the consequences of different regulatory strategies, and interventions to enhance this key area of functioning. The biological, cognitive, developmental, and social bases of emotion regulation are explored. The volume identifies critical implications of emotion regulation for mental and physical health, psychopathology, educational achievement, prosocial behavior, and other domains. Clinical and nonclinical interventions are critically reviewed and state-of-the-art measurement approaches described. New to This Edition *Broader coverage to bring readers up to speed on the ever-growing literature--features 71 concise chapters, compared to 36 in the prior edition. *Reflects a decade of continuing, rapid advances in theory and research methods. *New sections on emotion regulation in groups and collectives, specific emotion regulation processes, nonclinical interventions, and emotion regulation across disciplines. *Increased attention to the role of emotion regulation in culture, and broader societal issues.
Author : Stephen Gillers,Roy D. Simon,Andrew M. Perlman
Publisher : Aspen Publishing
Page : 528 pages
File Size : 47,7 Mb
Release : 2018-12-03
Category : Law
ISBN : 9781543804300
Regulation of Lawyers, Statutes and Standards, Concise Edition, 2019
Author : Daniel Carpenter,David A. Moss
Publisher : Cambridge University Press
Page : 531 pages
File Size : 42,5 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781107036086
Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.
Author : United States. Department of the Army
Publisher : Unknown
Page : 252 pages
File Size : 44,6 Mb
Release : 1969
Category : Courts-martial and courts of inquiry
ISBN : UVA:X030449458
