Taming Regulation

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Taming Regulation

Author : Robert T. Nakamura,Thomas W. Church
Publisher : Rowman & Littlefield
Page : 172 pages
File Size : 54,7 Mb
Release : 2003-10-27
Category : Law
ISBN : 0815796161

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Taming Regulation by Robert T. Nakamura,Thomas W. Church Pdf

Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met. Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached. The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools. Taming Regulation provides a cautionary discussion of both the necessity and the difficulty of regulatory reform. It is essential reading for students of regulation and environmental policy, for practitioners contemplating reform of ongoing regulatory programs, and for those interested in the checkered history of Superfund.

Taming the Regulatory State

Author : Noralv Veggeland
Publisher : Edward Elgar Publishing
Page : 199 pages
File Size : 43,6 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9781848447509

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Taming the Regulatory State by Noralv Veggeland Pdf

. . . offering a concise and illuminative account of the regulatory state . Particularly impressive is its excellent contextualisation of the birth and spread of a regulatory paradigm as well as its potential impact equally on traditional welfare concerns and emerging problems involving the environment. . . it provides a good introduction into regulatory politics. Its historical and intellectual background to this transition is superb and offers insights for the uninitiated and knowledgeable alike. Moreover, it is excellent in its sustained description of the potential problems of regulation and the ways it may be tamed for achieving broader social and the ethical objectives. . . a welcome addition to the current interest on regulation. . . it provides readers with a comprehensive description of regulation and the ways in which it may be improved. Peter Bloom, In-Spire, Journal of Law, Politics and Societies Professor Veggeland s ambitious study of the regulatory state is an exceptionally timely and apposite analysis. It combines theoretical, historical, and empirical perspectives on the evolution of state regulation of the economy over the past century with an emphasis on the past thirty years. It covers issues such as the rise and fall of indicative and central planning (in the context of democratic capitalism), the loss of national sovereignty in the era of European and global integration, and new theories and practice in public administration. Rich with contemporary cases it will contribute to the agonizing reappraisal of policy trends in western democracies. Eric S. Einhorn, University of Massachusetts Amherst, US It is not often that the experience of a Northern European semi-periphery speaks directly to a core European, and indeed increasingly global, problematic. Taming the Regulatory State is just such an achievement, combining a comprehensive treatment of the European governance literature with a keen eye for the political as well as ethical dimensions of contemporary state re-structuring. A signally important book. Olivier Kramsch, Radboud Universiteit, the Netherlands Taming the Regulatory State incisively analyses the regulatory top-down regimes that are currently dominant and in crisis. Taking a critical perspective, the book offers an account of the inherent vulnerability of the regulatory state caused by one-sided economic thinking and the predominance of governing through hard regulation. Regulatory governance is inclined to eliminate transparency and downgrades the importance of social forces. One striking case that exposes these underlying tensions is the activity of the state-run international investment funds. This volume sets the Norwegian Pension Fund Global (formerly the Norwegian Petroleum Fund) into this context and shows how the attempt to regulate through ethical guidelines is an illuminating example of an effort, however imperfect, to revive politics and ethics in areas where the market focus usually obscures other considerations. This state-of-the-art book will be invaluable for students and scholars of political science and political economy and will also provide an engaging read for civil servants and policymakers.

Taming the Corporation

Author : Robert Baldwin,Martin Cave
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 41,6 Mb
Release : 2020-11-19
Category : Electronic
ISBN : 9780198836186

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Taming the Corporation by Robert Baldwin,Martin Cave Pdf

Taming the Corporation offers a much-needed positive vision of regulation. Using numerous case examples to address real life challenges, it stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests, and provides a method of designing regulation in its most productive form.

Taming Regulation

Author : Robert T. Nakamura,Thomas W. Church
Publisher : Rowman & Littlefield
Page : 162 pages
File Size : 50,8 Mb
Release : 2003-10-27
Category : Law
ISBN : 0815796161

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Taming Regulation by Robert T. Nakamura,Thomas W. Church Pdf

Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met. Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached. The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools. Taming Regulation provides a cautionary discussion of both the necessity and the difficulty of regulatory reform. It is essential reading for students of regulation and environmental policy, for practitioners contemplating reform of ongoing regulatory programs, and for those interested in the checkered history of Superfund.

Taming the Corporation

Author : Robert Baldwin,Martin Cave
Publisher : Oxford University Press
Page : 257 pages
File Size : 55,9 Mb
Release : 2020-11-19
Category : Business & Economics
ISBN : 9780192573209

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Taming the Corporation by Robert Baldwin,Martin Cave Pdf

Virtually all enterprises are regulated. Regulation is crucial not only to economic success but also to protecting consumer, worker, environmental, and other interests. Yet it is often considered a tiresome interference with entrepreneurial activity. This negative vision is unhelpful in addressing business and other needs for productive forms of regulation. Taming the Corporation offers an alternative, positive, vision of regulation. It stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests. This perspective paves the way for more productive regulatory designs. It looks at the characteristics of good regulation and provides businesses, consumers, and citizens with the arguments that will enable them to push for regulatory controls that serve their needs. Understandings of regulation are served by looking at the potentially positive roles of control strategies ranging from 'command laws' to 'nudges'. This book not only discusses regulatory theory but also uses numerous case examples to illustrate real life challenges and address three key regulatory challenges in the modern world: regulating for sustainability, addressing global warming, and controlling digital platforms.

Taming the Fringe

Author : Craig McMahon
Publisher : Springer Nature
Page : 243 pages
File Size : 52,8 Mb
Release : 2021-04-09
Category : Business & Economics
ISBN : 9783030706159

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Taming the Fringe by Craig McMahon Pdf

Taming the Fringe analyses the regulation and evolution of two credit products that were, and remain, vital to the working poor. Policymakers have struggled with pawnbroking and moneylending because they raise broader issues pertaining to poverty, capitalism and financial regulation. The values of easily accessible credit and financial independence compete with society’s desire to protect people from predatory loans. Policymakers have pondered whether regulation can lower costs without reducing access for those most in need of small cash loans. Can government policy protect borrowers while also providing sufficient profit for lenders? The many attempts at doing so reveal the difficulty of safeguarding the needs of people who have experienced financial trouble before seeking a loan. Taming the Fringe is the first extended study of the payday lending and pawnbroking markets in Britain, and the only one to examine over 160 years of financial results and market data. This work explains why small-value lenders have generated such passionate debate, even being described as the devil incarnate. It adds to our knowledge of fringe banking and the evolving role of financial regulation to protect the working poor. Since 1870, pawnbrokers and moneylenders have actively shaped regulation – a viewpoint the existing literature does not address adequately. This work contributes to the scholarly and policy dialogue on financial inclusion, working-class poverty and the development and legitimacy of fringe lending. This book analyses the motivation, content and outcome of critical regulatory episodes that have shaped fringe banking. While historians have written volumes about consumer credit, few have analysed why elite policymakers have sought to protect the working poor from some credit markets. This work demonstrates that, across time, conflicting views on poverty and liberal economic theory have, to varying degrees, influenced how the government has protected the working poor, and will be of interest to financial and economic historians.

Taming Cannabis

Author : David A. Guba Jr
Publisher : McGill-Queen's Press - MQUP
Page : 242 pages
File Size : 46,8 Mb
Release : 2020-09-23
Category : History
ISBN : 9780228002567

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Taming Cannabis by David A. Guba Jr Pdf

Despite having the highest rates of cannabis use in the continent, France enforces the most repressive laws against the drug in all of Europe. Perhaps surprisingly, France was once the epicentre of a global movement to medicalize cannabis, specifically hashish, in the treatment of disease. In Taming Cannabis David Guba examines how nineteenth-century French authorities routinely blamed hashish consumption, especially among Muslim North Africans, for behaviour deemed violent and threatening to the social order. This association of hashish with violence became the primary impetus for French pharmacists and physicians to tame the drug and deploy it in the homeopathic treatment of mental illness and epidemic disease during the 1830s and 1840s. Initially heralded as a wonder drug capable of curing insanity, cholera, and the plague, hashish was deemed ineffective against these diseases and fell out of repute by the middle 1850s. The association between hashish and Muslim violence, however, remained and became codified in French colonial medicine and law by the 1860s: authorities framed hashish as a significant cause of mental illness, violence, and anti-state resistance among indigenous Algerians. As the French government looks to reform the nation's drug laws to address the rise in drug-related incarceration and the growing popular demand for cannabis legalization, Taming Cannabis provides a timely and fascinating exploration of the largely untold and living history of cannabis in colonial France.

Regulation through Revelation

Author : James T. Hamilton
Publisher : Cambridge University Press
Page : 374 pages
File Size : 50,5 Mb
Release : 2005-08-29
Category : Political Science
ISBN : 9781139446976

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Regulation through Revelation by James T. Hamilton Pdf

Information provision is increasingly being used as a regulatory tool. The US Environmental Protection Agency's Toxics Release Inventory (TRI) Program required facilities that handle threshold amounts of specific chemicals to report yearly their releases and transfers of these toxic substances. The TRI data have become the yardstick by which regulators, investors, environmental organizations, and local community groups measure company environmental performance. This book, which was originally published in 2005, tells the story of the TRI from its origin and implementation to its revision and retrenchment. The mix of case study and quantitative analysis shows how the TRI operates and how the information provided affects decisions in both the public and private sectors. The lessons drawn about the operation of information provision programs should be of interest to multiple audiences.

Taming the Cycles of Finance?

Author : Matthias Thiemann
Publisher : Cambridge University Press
Page : 353 pages
File Size : 41,6 Mb
Release : 2023-12-31
Category : Business & Economics
ISBN : 9781009233132

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Taming the Cycles of Finance? by Matthias Thiemann Pdf

Post-crisis attempts to limit cyclical finance don't lead to major restraints, but rather a sustaining financial markets' expansion.

Deprivation of Liberty in the Shadows of the Institution

Author : Series, Lucy
Publisher : Policy Press
Page : 316 pages
File Size : 55,5 Mb
Release : 2022-03-29
Category : Law
ISBN : 9781529212006

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Deprivation of Liberty in the Shadows of the Institution by Series, Lucy Pdf

ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.

Taming the Past

Author : Robert W. Gordon
Publisher : Cambridge University Press
Page : 439 pages
File Size : 51,5 Mb
Release : 2017-06-09
Category : History
ISBN : 9781107193239

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Taming the Past by Robert W. Gordon Pdf

A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.

Antitrust and Upstream Platform Power Plays

Author : A. K. von Moltke
Publisher : Oxford University Press
Page : 401 pages
File Size : 48,8 Mb
Release : 2023-12-14
Category : Law
ISBN : 9780192873071

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Antitrust and Upstream Platform Power Plays by A. K. von Moltke Pdf

In recent years, large digital platforms have been in the doghouse of antitrust decision-makers worldwide. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers—of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain—that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The obvious answer—'yes'—is deceptively simple for a number of reasons. First, it contradicts contemporary antitrust's single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy's radar. Second, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addition, if any consensus could be had, it would almost certainly confirm the long-standing tenet that antitrust cannot be about supplier welfare, as such. These paradoxes call for a policy introspection—precisely what this book provides. The analysis offered in Antitrust and Upstream Platform Power Plays is altogether normative, theoretical, and practical. Normative because it engages in a supplier-mindful soul-searching exercise, which advances our understanding of antitrust's foundations; theoretical as it sheds multidisciplinary insights on upstream effects in the platform economy and develops new frameworks for rationalizing them; and practical since it takes a deep dive into the complex antitrust machinery while staying attuned to other available levers of public action. Answering a compelling question with an equally compelling answer, this work will appeal to scholars and policymakers worldwide with a particular interest in platform regulation, antitrust, and powerful digital platforms.

Taming the Anarchy

Author : Tushaar Shah
Publisher : Routledge
Page : 322 pages
File Size : 55,9 Mb
Release : 2010-09-30
Category : Business & Economics
ISBN : 9781136524028

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Taming the Anarchy by Tushaar Shah Pdf

In 1947, British India-the part of South Asia that is today's India, Pakistan, and Bangladesh-emerged from the colonial era with the world's largest centrally managed canal irrigation infrastructure. However, as vividly illustrated by Tushaar Shah, the orderly irrigation economy that saved millions of rural poor from droughts and famines is now a vast atomistic system of widely dispersed tube-wells that are drawing groundwater without permits or hindrances. Taming the Anarchy is about the development of this chaos and the prospects to bring it under control. It is about both the massive benefit that the irrigation economy has created and the ill-fare it threatens through depleted aquifers and pollution. Tushaar Shah brings exceptional insight into a socio-ecological phenomenon that has befuddled scientists and policymakers alike. In systematic fashion, he investigates the forces behind the transformation of South Asian irrigation and considers its social, economic, and ecological impacts. He considers what is unique to South Asia and what is in common with other developing regions. He argues that, without effective governance, the resulting groundwater stress threatens the sustenance of the agrarian system and therefore the well being of the nearly one and a half billion people who live in South Asia. Yet, finding solutions is a formidable challenge. The way forward in the short run, Shah suggests, lies in indirect, adaptive strategies that change the conduct of water users. From antiquity until the 1960‘s, agricultural water management in South Asia was predominantly the affair of village communities and/or the state. Today, the region depends on irrigation from some 25 million individually owned groundwater wells. Tushaar Shah provides a fascinating economic, political, and cultural history of the development and use of technology that is also a history of a society in transition. His book provides powerful ideas and lessons for researchers, historians, and policy

Taming the Megabanks

Author : Arthur E. Wilmarth Jr
Publisher : Oxford University Press
Page : 256 pages
File Size : 47,5 Mb
Release : 2020-09-15
Category : Business & Economics
ISBN : 9780190260712

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Taming the Megabanks by Arthur E. Wilmarth Jr Pdf

Banks were allowed to enter securities markets and become universal banks during two periods in the past century - the 1920s and the late 1990s. Both times, universal banks made high-risk loans and packaged them into securities that were sold as safe investments to poorly-informed investors. Both times, universal banks promoted unsustainable booms that led to destructive busts - the Great Depression of the early 1930s and the Global Financial Crisis of 2007-09. Both times, governments were forced to arrange costly bailouts of universal banks. Congress passed the Glass-Steagall Act of 1933 in response to the Great Depression. The Act broke up universal banks and established a decentralized financial system composed of three separate and independent sectors: banking, securities, and insurance. That system was stable and successful for over four decades until the big-bank lobby persuaded regulators to open loopholes in Glass-Steagall during the 1980s and convinced Congress to repeal it in 1999. Congress did not adopt a new Glass-Steagall Act after the Global Financial Crisis. Instead, Congress passed the Dodd-Frank Act. Dodd-Frank's highly technical reforms tried to make banks safer but left in place a dangerous financial system dominated by universal banks. Universal banks continue to pose unacceptable risks to financial stability and economic and social welfare. They exert far too much influence over our political and regulatory systems because of their immense size and their undeniable "too-big-to-fail" status. In Taming the Megabanks, Arthur Wilmarth argues that we must again separate banks from securities markets to avoid another devastating financial crisis and ensure that our financial system serves Main Street business firms and consumers instead of Wall Street bankers and speculators. Wilmarth's comprehensive and detailed analysis demonstrates that a new Glass-Steagall Act would make our financial system much more stable and less likely to produce boom-and-bust cycles. Giant universal banks would no longer dominate our financial system or receive enormous subsidies. A more decentralized and competitive financial system would encourage banks and securities firms to fulfill their proper roles as servants - not masters - of Main Street businesses and consumers.

Property Rights and Neoliberalism

Author : Dr Laura J Hatcher,Dr Wayne V McIntosh
Publisher : Ashgate Publishing, Ltd.
Page : 234 pages
File Size : 46,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497189

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Property Rights and Neoliberalism by Dr Laura J Hatcher,Dr Wayne V McIntosh Pdf

Property rights and efforts to curb state appropriation of private properties for public purposes have always held high status on the political agenda of the US and many other nations that feature a corporate capitalist economic system. In addition to this, over the last several decades conservative libertarian and neo-liberal groups have put constitutional demands for greater property protection on the agendas of courts in several countries. Studying property rights mobilization in both domestic and comparative contexts, the contributors to this volume bring a range of social science perspectives to address three primary issues: the contours and characteristics of property rights mobilizations; the degree to which property rights movements have influenced development of law in demonstrable ways; and the broader cultural, social and economic implications of modern-era property rights litigation and legal mobilizations. This will be a key text for anyone working within or interested in property rights.