Tracing the Development of U.S. Independent Regulators

Tracing the Development of U.S. Independent Regulators
Author: Christopher Carrigan
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

This chapter examines the origins and development of independent regulatory agencies in the United States, discusses the agencies and commissions typically considered “independent,” and considers foundational topics for the scholarship on regulation more broadly, including regulatory capture and deregulation, that have emerged from studies of these types of regulators specifically. The discussion explores the history of independent regulators and how independent regulators are commonly distinguished from executive branch agencies, highlighting difficulties with conventional categorizations. In reviewing contemporary challenges and topics for future study, the chapter explores research on alternative ways to evaluate independence and considers the implications of exempting independent regulators from centralized regulatory review requirements. It further contemplates the need for more systematic work on independent regulators in four areas with maturing literatures ranging from the relationship between independent regulators and the executive branch to the role that independent regulators can play in a U.S. environment characterized by political polarization. Ultimately, the chapter argues that continued effort to study U.S. independent regulators can provide an impetus for foundational ideas that will propel regulatory scholarship in the future, just as it has in the past.

Handbook of Regulatory Authorities

Handbook of Regulatory Authorities
Author: Maggetti, Martino
Publisher: Edward Elgar Publishing
Total Pages: 529
Release: 2022-08-12
Genre: Political Science
ISBN: 1839108991

Featuring a comprehensive analytical collection of interdisciplinary research on regulatory authorities, this innovative Handbook combines contributions from leading scholars and regulatory practitioners to present the fundamental theoretical concepts, empirical achievements and challenges in the contemporary study of regulatory authorities.

The Political Accountability of EU and US Independent Regulatory Agencies

The Political Accountability of EU and US Independent Regulatory Agencies
Author: Miroslava Scholten
Publisher: Martinus Nijhoff Publishers
Total Pages: 507
Release: 2015-01-27
Genre: Law
ISBN: 9004262997

The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.

Code

Code
Author: Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig
Publisher: Createspace Independent Publishing Platform
Total Pages: 378
Release: 2016-08-31
Genre:
ISBN: 9781537290904

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.

The Administrative State

The Administrative State
Author: Dwight Waldo
Publisher: Routledge
Total Pages: 384
Release: 2017-09-04
Genre: Political Science
ISBN: 1351486330

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Judicializing the Administrative State

Judicializing the Administrative State
Author: Hiroshi Okayama
Publisher: Routledge
Total Pages: 319
Release: 2019-05-10
Genre: Social Science
ISBN: 1351393332

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.