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Regulation And The Courts
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Book Synopsis Regulation and the Courts by : R. Shep Melnick
Download or read book Regulation and the Courts written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
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.
Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Judicial Review of Commercial Regulation by : Jaime Arancibia
Download or read book Judicial Review of Commercial Regulation written by Jaime Arancibia and published by OUP Oxford. This book was released on 2011-04-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice. Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies. The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law. Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicial attenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome.
Book Synopsis Election Law and Litigation by : Edward B. Foley
Download or read book Election Law and Litigation written by Edward B. Foley and published by Aspen Publishing. This book was released on 2021-08-23 with total page 1103 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Election Law and Litigation: The Judicial Regulation of Politics
Book Synopsis Rules for the Regulation of Practice in the Courts of Common Law and Chancery of the State of New Hampshire by : New Hampshire. Supreme Court
Download or read book Rules for the Regulation of Practice in the Courts of Common Law and Chancery of the State of New Hampshire written by New Hampshire. Supreme Court and published by . This book was released on 1875 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulation and Its Reform by : Stephen Breyer
Download or read book Regulation and Its Reform written by Stephen Breyer and published by Harvard University Press. This book was released on 1982 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject.
Book Synopsis Law as Punishment / Law as Regulation by : Austin Sarat
Download or read book Law as Punishment / Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.
Book Synopsis Building Regulatory Practices and the Courts by :
Download or read book Building Regulatory Practices and the Courts written by and published by . This book was released on 1980 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Rules for the Regulation of the Pleading and Practice of the Courts of Equity in this State by : Maryland. Court of Appeals
Download or read book General Rules for the Regulation of the Pleading and Practice of the Courts of Equity in this State written by Maryland. Court of Appeals and published by . This book was released on 1896 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Quasi Judicial Handbook by : David W. Owens
Download or read book Quasi Judicial Handbook written by David W. Owens and published by Unc School of Government. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties. This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review. A package of 5 books is available for a discounted price for those looking to purchase copies for their entire board.
Book Synopsis Michigan Court Rules by : Kelly Stephen Searl
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Book Synopsis Cases on the Conflict of Laws by : Ernest Gustav Lorenzen
Download or read book Cases on the Conflict of Laws written by Ernest Gustav Lorenzen and published by . This book was released on 1924 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judicial Branch by : Brian Duignan
Download or read book The Judicial Branch written by Brian Duignan and published by Encyclopaedia Britannica. This book was released on 2018-07-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the Supreme Court is certainly a beacon of the judiciary system, it is not the only element in this branch of the U.S. government. In this text, the reader is immersed into the judicial branch at all levels, including state and circuit courts, courts of appeals, and their individual functions. By honing in on some of the pivotal cases tried by the judicial branch in the United States, such as Brown v. Board of Education and Roe v. Wade, this book establishes the worth and importance of judges, juries, and lawyers to our nation's past and present.
