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Author : Richard Schultz
Publisher : IRPP
Page : 112 pages
File Size : 41,8 Mb
Release : 1979
Category : Delegated legislation
ISBN : 8210379456XXX
Author : R. Daniel. KELEMEN,R. Daniel Kelemen
Publisher : Harvard University Press
Page : 257 pages
File Size : 40,7 Mb
Release : 2009-06-30
Category : Business & Economics
ISBN : 9780674039421
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Author : Joseph F. Zimmerman
Publisher : State University of New York Press
Page : 304 pages
File Size : 47,5 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791482735
Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.
Author : United States. Advisory Commission on Intergovernmental Relations
Publisher : Unknown
Page : 336 pages
File Size : 49,5 Mb
Release : 1984
Category : Administrative agencies
ISBN : MSU:31293201415167
Author : Roberta Romano
Publisher : American Enterprise Institute
Page : 316 pages
File Size : 51,5 Mb
Release : 2002
Category : Business & Economics
ISBN : 0844741736
In this analysis of securities regulation, the author demonstrates that the current approach toward U.S. regulation - exclusive jurisdiction of the Securities and Exchange Commission - is misguided and should be revamped by implementing a regime of competitive federalism. Under such a system firms would select their regulator from among the states, the SEC, or other nations. The author asserts that competitive federalism harnesses the high-powered incentives of markets to the regulatory state to produce regulatory arrangements most compatible with investors' preferences. The author contends that the empirical evidence does not indicate that the SEC is effective in achieving its stated objectives. The commission's expansions of disclosure requirements over the years have not significantly enhanced investors' wealth. In addition, she asserts, evidence from institutional equity and debt markets and cross-country listing practices demonstrates that firms voluntarily disclose substantial information beyond mandatory requirements to provide the information investors demand. The author concludes that under competitive federalism, the aspects of the SEC's regime that are valuable to investors will be retained, those that are not will be discarded, and the resulting securities regime will better meet investors' needs than the present one.
Author : United States. Advisory Commission on Intergovernmental Relations
Publisher : Unknown
Page : 326 pages
File Size : 44,6 Mb
Release : 1984
Category : Administrative procedure
ISBN : OCLC:892309464
Author : Paul E. Teske
Publisher : Routledge
Page : 176 pages
File Size : 44,8 Mb
Release : 2014-03-18
Category : Language Arts & Disciplines
ISBN : 9781317993094
During this era of construction of the information superhighway, this volume presents a prudent analysis of the pros and cons of continuing state regulation of telecommunications. While interested parties either attack or defend state regulation, careful scholarly analysis is required to strike the appropriate balance of regulatory federalism. Focusing on regulation in the 1990s, it uses a positive political economy perspective to analyze enduring state-federal conflicts and to weigh the justifications and explanations for continuing state telecommunications regulation, or for changing its structure. It also considers normative concerns and makes recommendations about how to improve telecommunications policy. Seriously concerned with assessing the problems surrounding cost burdens for different categories of consumers, market entry for different firms, economic growth and the information infrastructure, global competitiveness, and control over information, this volume attempts to provide answers to the following specific questions: * How are states regulating telecommunications in the brave new world of global markets, fiber optics, and digital technology? * Do states vary significantly in their regulatory models? * How are the politics of state and federal regulation different? * Would a different federal-state relationship better serve national telecommunications goals in the future? To tackle these critical questions, the scholarly perspectives of economists, lawyers, political scientists, and telecommunications consultants and practitioners are employed.
Author : Richard Schultz,Alan S. Alexandroff,Royal Commission on the Economic Union and Development Prospects for Canada
Publisher : University of Toronto Press, cc1985.
Page : 220 pages
File Size : 40,7 Mb
Release : 1985
Category : Budget
ISBN : STANFORD:36105038241548
Author : Frank J. Thompson,Kenneth K. Wong,Barry G. Rabe
Publisher : Brookings Institution Press
Page : 258 pages
File Size : 54,8 Mb
Release : 2020-09-29
Category : Political Science
ISBN : 9780815738206
How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects—most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn't received as much attention as it deserves: Trump's use of the “administrative presidency,” including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump's administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more “liberal” ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration's hostile takeover has drastically changed key federal policies—and reshaped who gets what from government—in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation's progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book's examination of how the Trump administration's actions have long-term implications for American democracy.
Author : Henry N. Butler,Jonathan R. Macey
Publisher : American Enterprise Institute
Page : 84 pages
File Size : 43,7 Mb
Release : 1996
Category : Business & Economics
ISBN : 0844739634
The centralisation of environmental regulation has led to inflexibility on America's federal government as it attempts to respond to various problems. This analysis of current policies proposes a restructuring of the environmental regulatory authority to lead to better environmental enforcement.
Author : Joseph F. Zimmerman
Publisher : SUNY Press
Page : 272 pages
File Size : 50,8 Mb
Release : 2009-07-01
Category : Political Science
ISBN : 0791475964
Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.
Author : William T. Gormley Jr.
Publisher : University of Pittsburgh Pre
Page : 285 pages
File Size : 55,7 Mb
Release : 1983-06-15
Category : Political Science
ISBN : 9780822974277
The Politics of Public Utility Regulation focuses on the important and increasingly controversial issues of utility regulation by combining a sophisticated understanding of these issues with a rigorous examination of various regulatory arrangements across the American states. It draws on interviews with participants in twelve states: public utility commissioners, commission staff members, utility company executives, governmental consumer advocates, and citizen activists. In addition to offering an up-to-date, comprehensive survey of regulatory politics at the state level, Gormley makes specific proposals for regulatory reform and emphasizes the importance (and difficulty) of assuring both expertise and accountability. Students of politics and public policy will find the state-level approach useful in examining the strategies of the “New Federalism” that transfer more and more formerly federal responsibilities to the states.
Author : Erin Ryan
Publisher : Oxford University Press
Page : 429 pages
File Size : 41,5 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780199737987
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Author : Alan Weil
Publisher : The Urban Insitute
Page : 448 pages
File Size : 54,7 Mb
Release : 2003
Category : Medical
ISBN : 0877667160
The balance between state and federal health care financing for low-income people has been a matter of considerable debate for the last 40 years. Some argue for a greater federal role, others for more devolution of responsibility to the states. Medicaid, the backbone of the system, has been plagued by an array of problems that have made it unpopular and difficult to use to extend health care coverage. In recent years, waivers have given the states the flexibility to change many features of their Medicaid programs; moreover, the states have considerable flexibility to in establishing State Children's Health Insurance Programs. This book examines the record on the changing health safety net. How well have states done in providing acute and long-term care services to low-income populations? How have they responded to financial incentives and federal regulatory requirements? How innovative have they been? Contributing authors include Donald J. Boyd, Randall R. Bovbjerg, Teresa A. Coughlin, Ian Hill, Michael Housman, Robert E. Hurley, Marilyn Moon, Mary Beth Pohl, Jane Tilly, and Stephen Zuckerman.
Author : Kalypso Nicolaidis,Robert Howse
Publisher : OUP Oxford
Page : 558 pages
File Size : 49,9 Mb
Release : 2001-11-01
Category : Political Science
ISBN : 9780191529627
The Federal Vision is about the complex and changing relationship between levels of governance within the United States and the European Union. Based on a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in our multi-layered democracies, and possible remedies. Starting from a focus on the current policy debatea over devolution and subsidiarity, the book engages the reader in to the broader tension of comparartive federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the US are in the process of re-defining a federal vision for the 21st century. This book represents an important new contribution to the study of Federalism and European integration, which seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi-disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists. It includes both innovative analysis and prescriptions on how to reshape the federal contract in the US and the EU. It includes introductions to the history of federalism in the US and the EU, the current debates over devolution and subsidarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal-agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross-cutting themes and lessons from the thinking together of the EU and US experiences, and suggest how a federal vision could be freed from the hierarchical paradigm of the federal state and articulated around concepts of mutal tolerence and empowerment.
