Regulatory Law And The Public Interest

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Regulation and Public Interests

Author : Steven P. Croley
Publisher : Princeton University Press
ISBN 13 : 1400828147
Total Pages : 393 pages
Book Rating : 4.4/5 (8 download)

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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.

Media Regulation, Public Interest, and the Law

Author : Mike Feintuck (d)
Publisher :
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Media Regulation, Public Interest, and the Law by : Mike Feintuck (d)

Download or read book Media Regulation, Public Interest, and the Law written by Mike Feintuck (d) and published by . This book was released on 1999 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that regulators will successfully protect the values of privatization only if "citizenship" is recognized as the rationale and objective for the regulatory endeavor. Mike Feintuck fully considers the actual and potential utility of legal mechanisms in the design and implementation of regulatory institutions.

Regulatory Rights

Author : Larry Yackle
Publisher : University of Chicago Press
ISBN 13 : 0226944735
Total Pages : 274 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Regulatory Rights by : Larry Yackle

Download or read book Regulatory Rights written by Larry Yackle and published by University of Chicago Press. This book was released on 2008-09-15 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.

Regulatory Law and the Public Interest

Author : Robert C Fellmeth
Publisher :
ISBN 13 : 9781949762990
Total Pages : 0 pages
Book Rating : 4.7/5 (629 download)

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Book Synopsis Regulatory Law and the Public Interest by : Robert C Fellmeth

Download or read book Regulatory Law and the Public Interest written by Robert C Fellmeth and published by . This book was released on 2024-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most law textbooks are fixated on how the law is understood via appellate decisions by the judiciary. This textbook journeys outside the courtroom and details how government regulatory agencies shape the law and how regulatory decisions can impact the public interest. This text is useful for graduate courses in law, economics, political science, education, and other fields of study. State regulation is crucial to trades and professions, health and safety, insurance, utilities, education, and the environment, et al. This text outlines the basics of regulation, starting with applicable definitions and elements. It covers presumptions and available alternatives to traditional "licensing" of participants. These include bond or insurance requirements, mandated disclosures, rules of liability involving civil remedies, criminal prohibitions, tax incentives, sale of marketing rights, and subsidies and other mechanisms that do not involve prior restraint licensing. This text outlines the interface with both federal and state constitutional and antitrust law. It sets forth how state regulation works, including the Administrative Procedure Act, sunshine statutes, open meeting requirements, and the Public Records Act as applicable. It covers a broad array of aspects, including interface with legislation, the conduct of rulemaking and judicial functions (e.g., discipline and court review of agency actions). It discusses in detail the ethical standards that apply by statutory or constitutional provision. Further, it features discussion of excessive and inadequate regulation and their respective implications. The text includes excerpts from the laws and major court holdings outlining this information, Provides essays and examples of problems and abuses, and has quizzes and hypotheticals to enliven the discussion. It also includes charts with potential flaws applicable to over 70 listed state agencies, including lack of need, cartel contamination or other conflicts, inadequate staffing, unnecessary or irrelevant barriers to entry, possible location at questionable level of government, unnecessarily in the Constitution, et al. Finally, it provides information about relevant major California agencies in terms of coverage and governance (including bureau, board, commission or other government structure)

Regulation

Author : Jerry Brito
Publisher : Mercatus Center at George Mason University
ISBN 13 : 0983607737
Total Pages : 128 pages
Book Rating : 4.9/5 (836 download)

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Book Synopsis Regulation by : Jerry Brito

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 128 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.

GDPR and Biobanking

Author : Jane Reichel
Publisher : Springer Nature
ISBN 13 : 3030493881
Total Pages : 432 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis GDPR and Biobanking by : Jane Reichel

Download or read book GDPR and Biobanking written by Jane Reichel and published by Springer Nature. This book was released on 2021 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .

Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264116575
Total Pages : 155 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest by : OECD

Download or read book Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest written by OECD and published by OECD Publishing. This book was released on 2011-10-25 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.

The Right of States to Regulate in International Investment Law

Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510153
Total Pages : 278 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Right of States to Regulate in International Investment Law by : Yulia Levashova

Download or read book The Right of States to Regulate in International Investment Law written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2019-07-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.

Preventing Regulatory Capture

Author : Daniel Carpenter
Publisher : Cambridge University Press
ISBN 13 : 1107036089
Total Pages : 531 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Preventing Regulatory Capture by : Daniel Carpenter

Download or read book Preventing Regulatory Capture written by Daniel Carpenter and published by Cambridge University Press. This book was released on 2014 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.

International Investment Law and Comparative Public Law

Author : Stephan W. Schill
Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill

Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Communications Law in the Public Interest

Author : Allen Hammond
Publisher : Aspen Publishing
ISBN 13 : 1543817475
Total Pages : 869 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Communications Law in the Public Interest by : Allen Hammond

Download or read book Communications Law in the Public Interest written by Allen Hammond and published by Aspen Publishing. This book was released on 2020-10-19 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking through a historical lens, this new casebook examines the evolution of telecommunication law, policy, and technology from the telegraph to the Internet. It examines six key industries: broadcast, cable TV, telephone, satellite, wireless, and the Internet. The book’s novel format begins with introductory chapters analyzing the nature of spectrum and regulation of spectrum-based services and the history and technology that link the regulation of telegraph-to-telephone-to-the-Internet. This casebook analyzes conceptions of the public interest as defined by statute, case law, and FCC and state decision-making. It contrasts the legal and economic standards used by antitrust law as compared to communications law. It examines telecommunication regulation through the lens of five key concepts: functionality, ownership or licensing, access, speech, and the public interest. The casebook offers projects and hypotheticals that support analysis of issues from the perspective of constitutional, administrative and communications law, as well as statutory issues raised by communications and information technology regulation. Professors and students will benefit from: A mix of theoretical and practical readings that build understanding of telecommunications technology, law, and regulation. A format friendly to both in-person and online teaching and study. Offering a combination of text, PowerPoint slides, links to video materials, and commentary that can be shared with students or used by the professor, the casebook includes projects students can generate and share through a live or online class. Historical perspective of federal and state communications policy beginning with the creation of the telegraph system, through the evolution and growth of the telephone system, the growth of broadcasting, cable, and satellite, and the growth of the Internet and Internet of Things. Knowledge and skills to recognize and litigate statutory, constitutional, Administrative Procedures Act, and other legal issues. Legislative and regulatory drafting, analysis, and decision-making skills, consistent with legal standards. Case and regulatory analysis, questions and projects that support writing, experiential, or exam-based courses and the production of student papers and presentations. Student skill-building to file comments in FCC and state communications regulatory decision-making dockets, and to file amicus briefs for legal cases.

Liberty And Justice For All

Author : Nan Aron
Publisher : Routledge
ISBN 13 : 0429718578
Total Pages : 157 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Liberty And Justice For All by : Nan Aron

Download or read book Liberty And Justice For All written by Nan Aron and published by Routledge. This book was released on 2019-04-02 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intention of this book is to provide a better understanding of the mission of public interest lawyers and stimulate thought about ways to energize and build a movement that advances social justice. I could not have succeeded in this effort without the help and support of many individuals and institutions. I wish to express my appreciation for their assistance. I am very grateful to the Board of Directors of the Alliance for Justice for its wisdom in establishing the Alliance and for its continuing support for this book and other important projects. I profited from discussion with many public interest lawyers, activists and foundation officers. These individuals, who are listed in Appendix D, gave generously of their time. A few merit special attention. Charles Halpern and the staff at the Council for Public Interest Law, who wrote Balancing the Scales of Justice: Financing Public Interest Law in America, provided a wonderful model for me to follow.

'The Public Interest' in Regulation

Author : Mike Feintuck
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269020
Total Pages : 280 pages
Book Rating : 4.2/5 (69 download)

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Book Synopsis 'The Public Interest' in Regulation by : Mike Feintuck

Download or read book 'The Public Interest' in Regulation written by Mike Feintuck and published by Oxford University Press, USA. This book was released on 2004 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'the public interest' is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups,quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. Feintuck begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However the dominant models fail to reflect these expectations satisfactorily. Using a series of case-studies of current regulatory activity in Britain and the USA, Feintuck then goes on to explore how the concept is use in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. Feintuck then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.

Model Rules of Professional Conduct

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)

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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.

Communications Policy and the Public Interest

Author : Patricia Aufderheide
Publisher : Guilford Press
ISBN 13 : 9781572304253
Total Pages : 340 pages
Book Rating : 4.3/5 (42 download)

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Book Synopsis Communications Policy and the Public Interest by : Patricia Aufderheide

Download or read book Communications Policy and the Public Interest written by Patricia Aufderheide and published by Guilford Press. This book was released on 1999-01-15 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the Telecommunications Act of 1996 inaugurated a new and highly volatile era in telecommunications. The first major overhaul of U.S. communications law since 1934--when no one had a television set, a cordless phone, or a computer--the Act was spurred into being by broad shifts in technology use. Equally important, this book shows, the new law reflects important changes in our notions of the purpose of communications regulation and how it should be deployed. Focusing on the evolution of the concept of the public interest, Aufderheide examines how and why the legislation was developed, provides a thematic analysis of the Act itself, and charts its intended and unintended effects in business and policy. An abridged version of the Act is included, as are the Supreme Court decision that struck down one of its clauses, the Communications Decency Act, and a variety of pertinent speeches and policy arguments. Readers are also guided to a range of organizations and websites that offer legal updates and policy information. Finalist, McGannon Center Award for Social and Ethical Relevance in Communication Policy Research

Media Regulation, Public Interest and the Law

Author : Mike Feintuck
Publisher : Edinburgh University Press
ISBN 13 : 0748627154
Total Pages : 320 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Media Regulation, Public Interest and the Law by : Mike Feintuck

Download or read book Media Regulation, Public Interest and the Law written by Mike Feintuck and published by Edinburgh University Press. This book was released on 2006-07-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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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.