The Regulatory State

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Regulatory State

Author : Lisa Schultz Bressman
Publisher : Aspen Publishing
ISBN 13 : 1543815979
Total Pages : 1325 pages
Book Rating : 4.5/5 (438 download)

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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

China's Regulatory State

Author : Roselyn Hsueh
Publisher : Cornell University Press
ISBN 13 : 0801462851
Total Pages : 321 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis China's Regulatory State by : Roselyn Hsueh

Download or read book China's Regulatory State written by Roselyn Hsueh and published by Cornell University Press. This book was released on 2011-10-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's China is governed by a new economic model that marks a radical break from the Mao and Deng eras; it departs fundamentally from both the East Asian developmental state and its own Communist past. It has not, however, adopted a liberal economic model. China has retained elements of statist control even though it has liberalized foreign direct investment more than any other developing country in recent years. This mode of global economic integration reveals much about China’s state capacity and development strategy, which is based on retaining government control over critical sectors while meeting commitments made to the World Trade Organization. In China's Regulatory State, Roselyn Hsueh demonstrates that China only appears to be a more liberal state; even as it introduces competition and devolves economic decisionmaking, the state has selectively imposed new regulations at the sectoral level, asserting and even tightening control over industry and market development, to achieve state goals. By investigating in depth how China implemented its economic policies between 1978 and 2010, Hsueh gives the most complete picture yet of China's regulatory state, particularly as it has shaped the telecommunications and textiles industries. Hsueh contends that a logic of strategic value explains how the state, with its different levels of authority and maze of bureaucracies, interacts with new economic stakeholders to enhance its control in certain economic sectors while relinquishing control in others. Sectoral characteristics determine policy specifics although the organization of institutions and boom-bust cycles influence how the state reformulates old rules and creates new ones to maximize benefits and minimize costs after an initial phase of liberalization. This pathbreaking analysis of state goals, government-business relations, and methods of governance across industries in China also considers Japan’s, South Korea’s, and Taiwan’s manifestly different approaches to globalization.

The Regulatory State in an Age of Governance

Author : R. King
Publisher : Springer
ISBN 13 : 0230591728
Total Pages : 243 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis The Regulatory State in an Age of Governance by : R. King

Download or read book The Regulatory State in an Age of Governance written by R. King and published by Springer. This book was released on 2007-09-20 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an account of the regulatory state and governance. This book examines both key concepts and theories, and important policy domains, and utilizes comparative, historical and transnational perspectives. It questions whether the regulatory state that has developed over the decades is an authoritarian or a liberalizing mode of governance.

The Regulatory State

Author : Dawn Oliver
Publisher :
ISBN 13 : 0199593175
Total Pages : 365 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Regulatory State by : Dawn Oliver

Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

The British Regulatory State

Author : Michael Moran
Publisher : Oxford University Press on Demand
ISBN 13 : 0199247579
Total Pages : 261 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The British Regulatory State by : Michael Moran

Download or read book The British Regulatory State written by Michael Moran and published by Oxford University Press on Demand. This book was released on 2003 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first two thirds of the twentieth century, British government was among the most stable in the advanced industrial world. In the last three decades, the governing arrangements have been in turmoil and the country has been a pioneer in economic reform, and in public sector change. Inhis major new book, Michael Moran examines and explains the contrast between these two epochs. What turned Britain into a laboratory of political innovation? Britain became a formal democracy at the start of the twentieth century but the practice of government remained oligarchic. From the 1970sthis oligarchy collapsed under the pressure of economic crisis. The British regulatory state is being constructed in its place. Moran challenges the prevailing view that this new state is liberal or decentralizing. Instead he argues that it is a new, threatening kind of interventionist statewhich is colonizing, dominating, and centralizing hitherto independent domains of civil society. The book is essential reading for all those interested in British political development and in the nature and impact of regulation

After the Rights Revolution

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 9780674009097
Total Pages : 300 pages
Book Rating : 4.0/5 (9 download)

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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.

Unelected Power

Author : Paul Tucker
Publisher : Princeton University Press
ISBN 13 : 0691196303
Total Pages : 662 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Unelected Power by : Paul Tucker

Download or read book Unelected Power written by Paul Tucker and published by Princeton University Press. This book was released on 2019-09-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

Democracy and the Origins of the American Regulatory State

Author : Samuel DeCanio
Publisher : Yale University Press
ISBN 13 : 0300216319
Total Pages : 321 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Democracy and the Origins of the American Regulatory State by : Samuel DeCanio

Download or read book Democracy and the Origins of the American Regulatory State written by Samuel DeCanio and published by Yale University Press. This book was released on 2015-10-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scientist Samuel DeCanio examines how political elites used high levels of voter ignorance to create a new type of regulatory state with lasting implications for American politics. Focusing on the expansion of bureaucratic authority in late-nineteenth-century America, DeCanio’s exhaustive archival research examines electoral politics, the Treasury Department’s control over monetary policy, and the Interstate Commerce Commission’s regulation of railroads to examine how conservative politicians created a new type of bureaucratic state to insulate policy decisions from popular control.

The New Regulatory State

Author : L. Leisering
Publisher : Springer
ISBN 13 : 0230343503
Total Pages : 317 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis The New Regulatory State by : L. Leisering

Download or read book The New Regulatory State written by L. Leisering and published by Springer. This book was released on 2011-10-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of governments in creating and regulating private pensions in the UK and Germany since the 1980s. Private pensions have given rise to a new regulatory state in this area. The contributing authors compare pension regulation and utility regulation, while others analyse the regulatory role of the EU.

The Oxford Handbook of Business and Government

Author : David Coen
Publisher : Oxford University Press
ISBN 13 : 0199214271
Total Pages : 804 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Oxford Handbook of Business and Government by : David Coen

Download or read book The Oxford Handbook of Business and Government written by David Coen and published by Oxford University Press. This book was released on 2010-02-25 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to the ways in which five different disciplines have approached the study of business and government. It examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America.

Regulation in India: Design, Capacity, Performance

Author : Devesh Kapur
Publisher : Bloomsbury Publishing
ISBN 13 : 1509927735
Total Pages : 475 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Regulation in India: Design, Capacity, Performance by : Devesh Kapur

Download or read book Regulation in India: Design, Capacity, Performance written by Devesh Kapur and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

The Oxford Handbook of Transformations of the State

Author : Stephan Leibfried
Publisher : OUP Oxford
ISBN 13 : 0191643254
Total Pages : 800 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Transformations of the State by : Stephan Leibfried

Download or read book The Oxford Handbook of Transformations of the State written by Stephan Leibfried and published by OUP Oxford. This book was released on 2015-06-11 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.

Delegation in the Regulatory State

Author : Fabrizio Gilardi
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441363
Total Pages : 199 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Delegation in the Regulatory State by : Fabrizio Gilardi

Download or read book Delegation in the Regulatory State written by Fabrizio Gilardi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . it is thanks to works like this one that we can make progress in the understanding of the phenomenon of independent regulatory authorities in Europe and elsewhere. Competition and Regulation in Network Industries When scholars and practitioners want to understand regulation in Europe, this book should be the first place they will turn. Combining innovative data, smart statistical analysis, and an in-depth knowledge of regulatory agencies and processes across a wide range of countries, Gilardi has produced an essential study of regulation and a stellar piece of scholarship. Charles Shipan, University of Michigan, US This is a crucial, important book for the study of independent regulatory agencies, an increasingly prevalent institution at the heart of the governance of markets. Gilardi offers an excellent quantitative analysis of the spread of such agencies. He presents a remarkable dataset and rigourously tests different explanations. His coverage is wide and his methods are first class. His conclusions will interest all scholars who work on the regulatory state. Mark Thatcher, London School of Economics, UK Regulatory agencies are an important aspect of the contemporary regulatory state. Drawing on an extensive body of comparative analysis, Fabrizio Gilardi s book provides a serious contribution that moves the literature forward. This book deserves to be considered carefully. Martin Lodge, London School of Economics, UK Fabrizio Gilardi s book is empirical political science of the regulatory state at its best. It has data of transnational breadth and depth that is diagnosed in a theoretically sophisticated way. The conclusion is that policymakers delegate in order to tighten the credibility of policy commitments and to tie the hands of future ministers who may have different preferences. This will become a building block for future scholarship on regulation and governance. John Braithwaite, Australian National University During the past 25 years, independent regulatory agencies have become widespread institutions for regulatory governance. This book studies how they have diffused across Europe and compares their formal independence in 17 countries and seven sectors. Through a series of quantitative analyses, it finds that governments tend to be more prone to delegate powers to independent regulators when they need to increase the credibility of their regulatory commitments and when they attempt to tie the hands of their successors. The institutional context also matters: political institutions that make policy change more difficult are functional equivalents of delegation. In addition to these factors, emulation has driven the diffusion of independent regulators, which have become socially valued institutions that help policymakers legitimize their actions, and may even have become taken for granted as the appropriate way to organize regulatory policies. Providing a broad comparison of independent regulatory agencies in Europe, Delegation in the Regulatory State will be of great interest to researchers and students in political science, public policy, and public administration.

The Oxford Handbook of Regulation

Author : Robert Baldwin
Publisher : OUP Oxford
ISBN 13 : 019162943X
Total Pages : 680 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Regulation by : Robert Baldwin

Download or read book The Oxford Handbook of Regulation written by Robert Baldwin and published by OUP Oxford. This book was released on 2012-07-19 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.

The Rise Of The Regulatory State In The Chinese Health-care System

Author : Qian Jiwei
Publisher : World Scientific
ISBN 13 : 9813207221
Total Pages : 172 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The Rise Of The Regulatory State In The Chinese Health-care System by : Qian Jiwei

Download or read book The Rise Of The Regulatory State In The Chinese Health-care System written by Qian Jiwei and published by World Scientific. This book was released on 2017-04-27 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: By reviewing regulatory initiatives in health financing, service provision, pharmaceutical sector and public health, this book attempts to connect recent research with policy developments in the Chinese health-care system. While there are a small number of studies on the regulations in the Chinese health-care system, this book contributes to the literature in three ways. First, a review of the recent developments in the Chinese health-care system illustrates that the capacity and incentives of the regulatory agencies matter in the implementation and enforcement of the regulations. Second, this book also shows that some institutional arrangements in the Chinese context are particularly important for configuring the capacity and incentives of the regulatory system. Third, this book lays out the mechanisms for the regulatory reform of the Chinese health-care system.

The Desktop Regulatory State

Author : Kevin A. Carson
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781523275595
Total Pages : 462 pages
Book Rating : 4.2/5 (755 download)

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Book Synopsis The Desktop Regulatory State by : Kevin A. Carson

Download or read book The Desktop Regulatory State written by Kevin A. Carson and published by Createspace Independent Publishing Platform. This book was released on 2016-03-04 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defenders of the modern state often claim that it's needed to protect us-from terrorists, invaders, bullies, and rapacious corporations. Economist John Kenneth Galbraith, for instance, famously argued that the state was a source of "countervailing power" that kept other social institutions in check. But what if those "countervailing" institution-corporations, government agencies and domesticated labor unions-in practice collude more than they "countervail" each other? And what if network communications technology and digital platforms now enable us to take on all those dinosaur hierarchies as equals-and more than equals. In The Desktop Regulatory State, Kevin Carson shows how the power of self-regulation, which people engaged in social cooperation have always possessed, has been amplified and intensifed by changes in consciousness-as people have become aware of their own power and of their ability to care for themselves without the state-and in technology-especially information technology. Drawing as usual on a wide array of insights from diverse disciplines, Carson paints an inspiring, challenging, and optimistic portrait of a humane future without the state, and points provocatively toward the steps we need to take in order to achieve it.

Regulatory Theory

Author : Peter Drahos
Publisher : ANU Press
ISBN 13 : 1760461024
Total Pages : 820 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Regulatory Theory by : Peter Drahos

Download or read book Regulatory Theory written by Peter Drahos and published by ANU Press. This book was released on 2017-02-23 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.