Regulatory Law And The Public Interest
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Author | : Steven P. Croley |
Publisher | : Princeton University Press |
Total Pages | : 393 |
Release | : 2009-01-10 |
Genre | : Law |
ISBN | : 1400828147 |
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.
Author | : Steven P. Croley |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Administrative law |
ISBN | : 9780691130859 |
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.
Author | : Steven P. Croley |
Publisher | : |
Total Pages | : 400 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
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.
Author | : Mike Feintuck (d) |
Publisher | : |
Total Pages | : 244 |
Release | : 1999 |
Genre | : Business & Economics |
ISBN | : |
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.
Author | : Jerry Brito |
Publisher | : Mercatus Center at George Mason University |
Total Pages | : 128 |
Release | : 2012-08-13 |
Genre | : Law |
ISBN | : 0983607737 |
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.
Author | : Robert C Fellmeth |
Publisher | : |
Total Pages | : 0 |
Release | : 2024-08-15 |
Genre | : Law |
ISBN | : 9781949762990 |
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)
Author | : OECD |
Publisher | : OECD Publishing |
Total Pages | : 155 |
Release | : 2011-10-25 |
Genre | : |
ISBN | : 9264116575 |
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.
Author | : Jane Reichel |
Publisher | : Springer Nature |
Total Pages | : 432 |
Release | : 2021 |
Genre | : Biobanks |
ISBN | : 3030493881 |
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. .
Author | : Stephan W. Schill |
Publisher | : Oxford University Press |
Total Pages | : 922 |
Release | : 2010-10-14 |
Genre | : Law |
ISBN | : 0199589100 |
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.
Author | : Nan Aron |
Publisher | : Routledge |
Total Pages | : 157 |
Release | : 2019-04-02 |
Genre | : Political Science |
ISBN | : 0429718578 |
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.