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Expertise In Regulation And Law
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Book Synopsis Expertise in Regulation and Law by : Gary Edmond
Download or read book Expertise in Regulation and Law written by Gary Edmond and published by Taylor & Francis. This book was released on 2017-07-05 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the multi-faceted roles of experts and expertise in and around contemporary legal and regulatory cultures. The essays illustrate the complexity intrinsic to the production and use of expert knowledge, particularly during transition from specialist communities to other domains such as policy formulation, regulatory standard setting and litigation. Several themes pervade the collection. These include the need to recognize that: expert knowledge and opinion is often complex, controversial and contested; there are no simple criteria for resolving disagreements between experts; appeals to 'objectivity' and 'impartiality' tend to be rhetorical rather than analytical; contests in expertise are frequently episodes in larger campaigns; there are many different models of expertise and knowledge; processes designed to deal with expert knowledge are unavoidably political; questions around who is an expert and what should count as expertise are not always self-evident; and the evidence rarely 'speaks for itself'.
Book Synopsis Technocracy and the Law by : Alessandra Arcuri
Download or read book Technocracy and the Law written by Alessandra Arcuri and published by Routledge. This book was released on 2021-05-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.
Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Book Synopsis New Laws of Robotics by : Frank Pasquale
Download or read book New Laws of Robotics written by Frank Pasquale and published by Harvard University Press. This book was released on 2020-10-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: AI is poised to disrupt our work and our lives. We can harness these technologies rather than fall captive to them—but only through wise regulation. Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI. They offer stark alternatives: make robots or be replaced by them. Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines. How far should AI be entrusted to assume tasks once performed by humans? What is gained and lost when it does? What is the optimal mix of robotic and human interaction? New Laws of Robotics makes the case that policymakers must not allow corporations or engineers to answer these questions alone. The kind of automation we get—and who it benefits—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.
Book Synopsis Law and the Regulation of Scientific Research by : Mark Davies
Download or read book Law and the Regulation of Scientific Research written by Mark Davies and published by Taylor & Francis. This book was released on 2022-08-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific research is fundamental to addressing issues of great importance to the development of human knowledge. Scientific research fuels advances in medicine, technology and other areas important to society and has to be credible, trustworthy and able to command confidence in the face of inevitable uncertainties. Scientific researchers must be trusted and respected when they engage with knowledge acquisition and dissemination and as ethical guardians in their education and training roles of future generations of researchers. The core values of scientific research transcend disciplinary and national boundaries and approaches to the organisation and oversight of research systems can impact significantly upon the ethics and conduct of researchers. This book draws upon legal expertise to critically analyse issues of regulation, conduct and ethics at the important interface between scientific research and regulatory and legal environments. In so doing it aims to contribute important additional perspectives to the existing literature. Case studies are engaged with to assist with the critical analysis of the current position and the consideration of future possibilities. The book will be of interest to academics in the fields of science, law and policy; science and law students; and scientific researchers at more advanced stages of their careers. Research professionals in government and the private sector and legal practitioners with interests in the regulation of research should also find the work of interest.
Book Synopsis Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development by : Institute of Medicine
Download or read book Strengthening a Workforce for Innovative Regulatory Science in Therapeutics Development written by Institute of Medicine and published by National Academies Press. This book was released on 2012-04-04 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development and application of regulatory science - which FDA has defined as the science of developing new tools, standards, and approaches to assess the safety, efficacy, quality, and performance of FDA-regulated products - calls for a well-trained, scientifically engaged, and motivated workforce. FDA faces challenges in retaining regulatory scientists and providing them with opportunities for professional development. In the private sector, advancement of innovative regulatory science in drug development has not always been clearly defined, well coordinated, or connected to the needs of the agency. As a follow-up to a 2010 workshop, the IOM held a workshop on September 20-21, 2011, to provide a format for establishing a specific agenda to implement the vision and principles relating to a regulatory science workforce and disciplinary infrastructure as discussed in the 2010 workshop.
Book Synopsis Regulation of Lawyers by : Stephen Gillers
Download or read book Regulation of Lawyers written by Stephen Gillers and published by Aspen Publishing. This book was released on 2015-02-13 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book goes beyond the rules in teaching students the subtle differences between proper and improper conduct. The book’s balanced and engaging mix of materials supports its comprehensive coverage of professional responsibility issues. Refined through years of classroom use, this casebook offers: condensed coverage of professional responsibility issues in less space (about 120 pages shorter than the regular 10th edition); well-balanced mix of cases, secondary sources, timely materials (often drawn from recent headlines), engaging problems, and challenging notes; discussion beyond the rules and from different perspectives, to recognize that the law is not necessarily self-evident and covers many subtleties; excellent case selection; realistic, helpful, and abundant problems, many based on actual events, that facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior; detailed notes which provide in-depth treatment of the issues; high-profile author (Gillers is a highly visible and recognized national authority on professional responsibility); and an accessible and engaging style which is characterized by variety, clarity, and humor.
Book Synopsis Comparative Law and Regulation by : Francesca Bignami
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.
Book Synopsis Achieving Regulatory Excellence by : Cary Coglianese
Download or read book Achieving Regulatory Excellence written by Cary Coglianese and published by Brookings Institution Press. This book was released on 2016-12-20 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger.
Book Synopsis Regulation, Litigation and Enforcement by : Michael Legg
Download or read book Regulation, Litigation and Enforcement written by Michael Legg and published by . This book was released on 2011 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.
Book Synopsis Building an International Administrative Law of Expertise by : Douglas Michael Bushey
Download or read book Building an International Administrative Law of Expertise written by Douglas Michael Bushey and published by . This book was released on 2013 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: International agreements on issues related to human health and the environment often enlist notions of scientific principles or "science-based" decision making in order to constrain the realm of permissible causal argument within the an area of international law. As a result, parties to these agreements often wage conflicts over what is or is not "scientific," and what kinds of decisions are or are not "based on" science - with important ramifications for the sovereign regulatory rights of the parties. This dissertation explores this process of contesting and constituting epistemic authority in international health and environmental law, and makes a modest attempt to suggest pathways to constructing more broadly legitimate international practices for validating knowledge claims for taking collective international action. It does this through a detailed, mixed-method exploration of the practices employed by a number of critical international institutions to structure who is empowered to know, and to govern, in this relatively nascent international regulatory sphere. Through a mixture of negotiation observation, participant interviews, document review, and case law analysis, this dissertation tracks threads of cognitive and legal authority within and between science advisory bodies, domestic and international regulatory bodies, and domestic and international courts. By engaging with actual, as opposed to idealized sources of cognitive and legal authority in international affairs, it seeks to both illuminate the complexities of the relationship between science, sovereignty and the rule of law in global regulation, and to point the way to more broadly accepted practices of knowledge-making and law-making in global regulation. I have approached this issue in three different ways: an in-depth analysis of the techniques used by two different international adjudicative bodies for evaluating scientific claims; a comparative examination of the expertise-related administrative law of the United States and European Community with an eye to the emergence of international norms; and a detailed examination of the birth of a global agency and the rise of its authoritative discourse of risk analysis. All three of these studies take interdisciplinary approaches to addressing these issues, supplementing legal analysis of key treaties and cases with important insights and analytical techniques from the field of science and technology studies (STS). Each chapter addresses distinct but interrelated issues, and makes a separate contribution to our understanding of the relationship between epistemic and regulatory authority in global governance.
Book Synopsis Lawyers and Regulation by : Patrick Schmidt
Download or read book Lawyers and Regulation written by Patrick Schmidt and published by Cambridge University Press. This book was released on 2005-06-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.
Book Synopsis Who Owns Knowledge? by : Bernd Weiler
Download or read book Who Owns Knowledge? written by Bernd Weiler and published by Routledge. This book was released on 2017-09-08 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who Owns Knowledge? explores the emerging linkages between the extension of knowledge and the law. It anticipates that the legal system will not only be called upon to adjudicate in matters of creative minds, but will be expected to do so to an ever increasing degree. Linkages between the legal system and knowledge are bound to multiply in modern societies. Ironically, while increasingly relying on knowledge, we are simultaneously investing significant resources into controlling this same knowledge. This includes developing a system of legal governance over how knowledge is extended or enlarged. Such modes of governance may take the form of regulatory legal codes, or legal challenges and judgments that shape the evolution of modern society and potentially transform knowledge itself, as a productive force. Who Owns Knowledge? asks such questions as: What is the appropriate balance of public and private interests involved in this process? How can creative powers, natural resources and indigenous knowledge be protected from either public or private exploitation? Does the law have the power to prevent this exploitation, or is adaptive technology needed? Also, in this identity theft conscious age, how can the rights of the individual be protected against policies allowing access to any kind of information, especially confidential information? The editors and contributors demonstrate that the relationship between knowledge and the law needs to be further researched and discussed. Who Owns Knowledge? is a must-read for those interested in the subjects of intellectual property, the history and development of modern legal and economic systems and their entanglements, and how judicial systems make choices between the legal and economic systems and, especially, between the public and private good and their often opposing interests.
Book Synopsis Regulation of the Legal Profession by : Stephen Gillers
Download or read book Regulation of the Legal Profession written by Stephen Gillers and published by Aspen Publishing. This book was released on 2015-01-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering big-picture perspective on Professional Responsibility, this brief introduction illuminates essential concepts with Stephen Gillers’ characteristic expertise and clarity.
Book Synopsis The Politics of Legal Expertise in EU Policy-making by : Päivi Leino-Sandberg
Download or read book The Politics of Legal Expertise in EU Policy-making written by Päivi Leino-Sandberg and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Paradox of Regulation by : Fiona Haines
Download or read book The Paradox of Regulation written by Fiona Haines and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Paradox of Regulation is a tour de force of regulatory scholarship that successfully contextualizes the regulatory project as an effort to reduce multiple forms of risk. Three case studies of regulatory reforms, fascinating in their own right, when read together forcefully demonstrate why context matters to the actuarial assessments, political realities, and possibilities for insuring safety, security and integrity. Haines, penetrating analysis presents no simple answers to what works and why. The Paradox of Regulation nimbly demonstrates that the strengths and limits of a particular regulatory reform must be understood as a complicated response to a dynamic constellation of actuarial, political, and socio-cultural risks.,- Nancy Reichman, University of Denver, US , This new book by Fiona Haines is an elegant but sophisticated analysis of the three risks (technical, social and political) that regulation must address if it is to be effective. This analysis is original and fresh bringing together critiques of risk based regulation with empirical literature on compliance and effectiveness evaluation. This is exactly the sort of book we need more of to develop and deepen empirical and theoretical research in regulatory scholarship: - it helpfully melds together different literatures and theoretical approaches with her own empirical work on regulatory reforms to build a multi-layered theoretical analysis that really pushes forward our understanding of regulation, why it happens and how it fails and succeeds., - Christine Parker, Monash University, Australia ,This is an insightful and nuanced analysis of the strengths and limitations of regulation. Through a close grained analysis of three recent disasters, Haines demonstrates that regulation is not just a technical but also a political and a social project and how a failure to recognise its multiple dimensions can lead to regulatory failure. This book is a major contribution that enriches our understanding of the challenges of risk management and of how best to address them.'- Neil Gunningham, Australian National University, Canberra , Fiona Haines shows us that regulatory policy is complex and paradoxical in ways that should require us to attend to the substance and the politics of specific regulatory regimes. This book is a major contribution to the reconceptualisation of risk and regulation. It is a perceptive treatment of the role of crisis by one of the best scholars of regulation we have., - John Braithwaite, Australian National University, Canberra
Book Synopsis Rebuilding Expertise by : William D. Araiza
Download or read book Rebuilding Expertise written by William D. Araiza and published by NYU Press. This book was released on 2022-06-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rebuilding Expertise traces the decline in the reality of and public trust in federal bureaucratic expertise, and offers a step-by-step, practical roadmap for rebuilding the quality of federal regulation and Americans' faith in their regulatory apparatus"--
