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Paradoxes Of The Regulatory State
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Book Synopsis Paradoxes of the Regulatory State by : Cass R. Sunstein
Download or read book Paradoxes of the Regulatory State written by Cass R. Sunstein and published by . This book was released on 2016 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulatory state faces a set of paradoxes, in the form of strategies that achieve an end precisely opposite to the one intended. These include: (2) overregulation can produce underregulation; (2) stringent regulation of new risks can increase aggregate risk levels; (3) requiring the best available technology can retard technological development; (4) redistributive regulation can harm those at the bottom of the economic ladder; (5) disclosure requirements can make people less informed; and (6) independent agencies are not independent.
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 Regulatory State by : Lisa Schultz Bressman
Download or read book Regulatory State written by Lisa Schultz Bressman and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Rethinking the Progressive Agenda by : Susan Rose-Ackerman
Download or read book Rethinking the Progressive Agenda written by Susan Rose-Ackerman and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rose-Ackerman sees recent advances in law and economics as an opportunity to tackle some of the failings of the US state. She proposes a progressive and positive agenda of reform rather than simple reduction or expansion of existing functions and services.
Book Synopsis Paradoxes of Professional Regulation by :
Download or read book Paradoxes of Professional Regulation written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Occupational licensure, including regulation of the professions, dates back to the medieval period. While the guilds that performed this regulatory function have long since vanished, professional regulation continues to this day. For instance, in the United States, 22 per cent of American workers must hold licenses simply to do their jobs. While long-established professions have more settled regulatory paradigms, the case studies in Paradoxes of Professional Regulation explore other professions, taking note of incompetent services and the serious risks they pose to the physical, mental, or emotional health, financial well-being, or legal status of uninformed consumers. Michael J. Trebilcock examines five case studies of the regulation of diverse professions, including alternative medicine, mental health care provision, financial planning, immigration consulting, and legal services. Noting the widely divergent approaches to the regulation of the same professions across different jurisdictions - paradoxes of professional regulation - the book is an attempt to develop a set of regulatory principles for the future. In its comparative approach, Paradoxes of Professional Regulation gets at the heart of the tensions influencing the regulatory landscape, and works toward practical lessons for bringing greater coherence to the way in which professions are regulated.
Book Synopsis The Globalization Paradox by : Dani Rodrik
Download or read book The Globalization Paradox written by Dani Rodrik and published by OUP Oxford. This book was released on 2012-05-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis Paradoxes of Modernization by : Helen Margetts
Download or read book Paradoxes of Modernization written by Helen Margetts and published by OUP Oxford. This book was released on 2010-06-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the unintended and unanticipated effects associated with 'modernization' projects and tackles the key question that they provoke - why do policy-makers persist in such enterprises in the face of evidence that they tend to fail? Paradoxes of Modernization first discusses what is meant by 'modernization' and 'unintended consequences', placing public policy reform within more general intellectual and social trends. It presents eight case study 'modernization' projects. Their architects promised faster trains, a more efficient and reactive health service, a more motivated public service, better performing local government, enhanced information for prospective US university students, reduced rates of child malnutrition in developing countries, and a free, open, safe, interconnected cyberspace for people to conduct their social and political life. Each case provides a neat story with a paradox that varies the modernization theme and tackles the question: why was the project pursued? The conclusion categorizes the cases in terms of their outcome, from success to disappointment, and suggests some strategies for a more balanced version of modernization for current and future policy-makers.
Book Synopsis Free Markets and Social Justice by : Cass R. Sunstein
Download or read book Free Markets and Social Justice written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1999-03-18 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Book Synopsis Regulatory Capitalism by : John Braithwaite
Download or read book Regulatory Capitalism written by John Braithwaite and published by Edward Elgar Publishing. This book was released on 2008 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.
Book Synopsis After the Rights Revolution by : Cass R. Sunstein
Download or read book After the Rights Revolution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Book Synopsis The Neoliberal Paradox by : Ray Kiely
Download or read book The Neoliberal Paradox written by Ray Kiely and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious work provides a history and critique of neoliberalism, both as a body of ideas and as a political practice. It is an original and compelling contribution to the neoliberalism debate.
Book Synopsis Paradoxes of Neoliberalism by : Elizabeth Bernstein
Download or read book Paradoxes of Neoliberalism written by Elizabeth Bernstein and published by Routledge. This book was released on 2021-12-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.
Book Synopsis Regulation and Public Interests by : Steven P. Croley
Download or read book Regulation and Public Interests written by Steven P. Croley and published by Princeton University Press. This book was released on 2009-01-10 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
Book Synopsis The Politics of Regulation by : Jacint Jordana
Download or read book The Politics of Regulation written by Jacint Jordana and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: These changes, together with the general advance in the study of regulation, undoubtedly demand a re-evaluation of the theory of regulation, its methodologies and scope of application. This book is a perceptive investigation of recent evolutions in the manner and extent of governance through regulation. Scholars and students of comparative politics, public policy, regulation theory, institutional economics and political sociology will find it to be essential reading. It will also prove a valuable source of reference for those working or dealing with regulatory authorities and for business managers in private industries and services operating under a regulatory framework.
Book Synopsis Regulating Preventive Justice by : Tamara Tulich
Download or read book Regulating Preventive Justice written by Tamara Tulich and published by Routledge. This book was released on 2017-01-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University
Book Synopsis The End of Illusions by : Andreas Reckwitz
Download or read book The End of Illusions written by Andreas Reckwitz and published by John Wiley & Sons. This book was released on 2021-06-28 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a time of great uncertainty about the future. Those heady days of the late twentieth century, when the end of the Cold War seemed to be ushering in a new and more optimistic age, now seem like a distant memory. During the last couple of decades, we’ve been battered by one crisis after another and the idea that humanity is on a progressive path to a better future seems like an illusion. It is only now that we can see clearly the real scope and structure of the profound shifts that Western societies have undergone over the last 30 years. Classical industrial society has been transformed into a late-modern society that is molded by polarization and paradoxes. The pervasive singularization of the social, the orientation toward the unique and exceptional, generates systematic asymmetries and disparities, and hence progress and unease go hand in hand. Reckwitz examines this dual structure of singularization and polarization as it plays itself out in the different sectors of our societies and, in so doing, he outlines the central structural features of the present: the new class society, the characteristics of a postindustrial economy, the conflict about culture and identity, the exhaustion of the self resulting from the imperative to seek authentic fulfillment, and the political crisis of liberalism. Building on his path-breaking work The Society of Singularities, this new book will be of great interest to students and scholars in sociology, politics, and the social sciences generally, and to anyone concerned with the great social and political issues of our time.
