Taming The Regulatory State
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| Author | : Noralv Veggeland |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 199 |
| Release | : 2009-01-01 |
| Genre | : Political Science |
| ISBN | : 1848447507 |
. . . offering a concise and illuminative account of the regulatory state . Particularly impressive is its excellent contextualisation of the birth and spread of a regulatory paradigm as well as its potential impact equally on traditional welfare concerns and emerging problems involving the environment. . . it provides a good introduction into regulatory politics. Its historical and intellectual background to this transition is superb and offers insights for the uninitiated and knowledgeable alike. Moreover, it is excellent in its sustained description of the potential problems of regulation and the ways it may be tamed for achieving broader social and the ethical objectives. . . a welcome addition to the current interest on regulation. . . it provides readers with a comprehensive description of regulation and the ways in which it may be improved. Peter Bloom, In-Spire, Journal of Law, Politics and Societies Professor Veggeland s ambitious study of the regulatory state is an exceptionally timely and apposite analysis. It combines theoretical, historical, and empirical perspectives on the evolution of state regulation of the economy over the past century with an emphasis on the past thirty years. It covers issues such as the rise and fall of indicative and central planning (in the context of democratic capitalism), the loss of national sovereignty in the era of European and global integration, and new theories and practice in public administration. Rich with contemporary cases it will contribute to the agonizing reappraisal of policy trends in western democracies. Eric S. Einhorn, University of Massachusetts Amherst, US It is not often that the experience of a Northern European semi-periphery speaks directly to a core European, and indeed increasingly global, problematic. Taming the Regulatory State is just such an achievement, combining a comprehensive treatment of the European governance literature with a keen eye for the political as well as ethical dimensions of contemporary state re-structuring. A signally important book. Olivier Kramsch, Radboud Universiteit, the Netherlands Taming the Regulatory State incisively analyses the regulatory top-down regimes that are currently dominant and in crisis. Taking a critical perspective, the book offers an account of the inherent vulnerability of the regulatory state caused by one-sided economic thinking and the predominance of governing through hard regulation. Regulatory governance is inclined to eliminate transparency and downgrades the importance of social forces. One striking case that exposes these underlying tensions is the activity of the state-run international investment funds. This volume sets the Norwegian Pension Fund Global (formerly the Norwegian Petroleum Fund) into this context and shows how the attempt to regulate through ethical guidelines is an illuminating example of an effort, however imperfect, to revive politics and ethics in areas where the market focus usually obscures other considerations. This state-of-the-art book will be invaluable for students and scholars of political science and political economy and will also provide an engaging read for civil servants and policymakers.
| Author | : David Coen |
| Publisher | : Oxford Handbooks Online |
| Total Pages | : 804 |
| Release | : 2010-02-25 |
| Genre | : Business & Economics |
| ISBN | : 0199214271 |
Business is one of the major power centres in modern society. The state seeks to check and channel that power so as to serve broader public policy objectives. However, if the way in which business is governed is ineffective or over burdensome, it may become more difficult to achieve desired goals such as economic growth or higher levels of employment. In a period of international economic crisis, the study of how business and government relate to each other in different countries isof more central importance than ever.These relationships have been studied from a number of different disciplinary perspectives - business studies, economics, economic history, law, and political science - and all of these are represented in this handbook. The first part of the book provides an introduction to the ways in which five different disciplines have approached the study of business and government. The second section, on the firm and the state, looks at how these entities interact in different settings, emphasising suchphenomena as the global firm and varieties of capitalism. The third section examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America. The fourth section reviews changing patterns of market governance through aunifying theme of the role of regulation. Business-government relations can play out in divergent ways in different policy and the fifth section examines the contrasts between different key arenas such as competition policy, trade policy, training policy and environmental policy.The volume provides an authoritative overview with chapters by leading authorities on the current state of knowledge of business-government relations, but also points to ways in which this work might be developed in the future, e.g., through a political theory of the firm.
| 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 | : Robert Baldwin |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2020-11-19 |
| Genre | : Business & Economics |
| ISBN | : 0192573209 |
Virtually all enterprises are regulated. Regulation is crucial not only to economic success but also to protecting consumer, worker, environmental, and other interests. Yet it is often considered a tiresome interference with entrepreneurial activity. This negative vision is unhelpful in addressing business and other needs for productive forms of regulation. Taming the Corporation offers an alternative, positive, vision of regulation. It stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests. This perspective paves the way for more productive regulatory designs. It looks at the characteristics of good regulation and provides businesses, consumers, and citizens with the arguments that will enable them to push for regulatory controls that serve their needs. Understandings of regulation are served by looking at the potentially positive roles of control strategies ranging from 'command laws' to 'nudges'. This book not only discusses regulatory theory but also uses numerous case examples to illustrate real life challenges and address three key regulatory challenges in the modern world: regulating for sustainability, addressing global warming, and controlling digital platforms.
| Author | : Cass R. Sunstein |
| Publisher | : Simon and Schuster |
| Total Pages | : 272 |
| Release | : 2013-04-09 |
| Genre | : Political Science |
| ISBN | : 1476726612 |
Simpler government arrived four years ago. It helped put money in your pocket. It saved hours of your time. It improved your children’s diet, lengthened your life span, and benefited businesses large and small. It did so by issuing fewer regulations, by insisting on smarter regulations, and by eliminating or improving old regulations. Cass R. Sunstein, as administrator of the most powerful White House office you’ve never heard of, oversaw it and explains how it works, why government will never be the same again (thank goodness), and what must happen in the future. Cutting-edge research in behavioral economics has influenced business and politics. Long at the forefront of that research, Sunstein, for three years President Obama’s “regulatory czar” heading the White House Office of Information and Regulatory Affairs, oversaw a far-reaching restructuring of America’s regulatory state. In this highly anticipated book, Sunstein pulls back the curtain to show what was done, why Americans are better off as a result, and what the future has in store. The evidence is all around you, and more is coming soon. Simplified mortgages and student loan applications. Scorecards for colleges and universities. Improved labeling of food and energy-efficient appliances and cars. Calories printed on chain restaurant menus. Healthier food in public schools. Backed by historic executive orders ensuring transparency and accountability, simpler government can be found in new initiatives that save money and time, improve health, and lengthen lives. Simpler: The Future of Government will transform what you think government can and should accomplish.
| Author | : Laura Weinrib |
| Publisher | : Harvard University Press |
| Total Pages | : 472 |
| Release | : 2016-10-10 |
| Genre | : History |
| ISBN | : 0674545710 |
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.
| Author | : Robert T. Nakamura |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 172 |
| Release | : 2003-10-27 |
| Genre | : Law |
| ISBN | : 9780815796169 |
Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met. Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached. The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools. Taming Regulation provides a cautionary discussion of both the necessity and the difficulty of regulatory reform. It is essential reading for students of regulation and environmental policy, for practitioners contemplating reform of ongoing regulatory programs, and for those interested in the checkered history of Superfund.
| Author | : Arthur E. Wilmarth Jr |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 601 |
| Release | : 2020 |
| Genre | : Banking law |
| ISBN | : 019026070X |
Banks were allowed to enter securities markets and become universal banks during two periods in the past century - the 1920s and the late 1990s. Both times the ensuing unsustainable booms led to destructive busts - the Great Depression of the early 1930s and the Global Financial Crisis of2007-09. Both times, universal banks made high-risk loans and packaged them into securities that were sold as safe investments to poorly-informed investors. Both times, governments were forced to arrange costly bailouts.Congress passed the Glass-Steagall Act of 1933 in response to the Great Depression. The Act broke up universal banks and established a decentralized financial system composed of three separate and independent sectors: banking, securities, and insurance. That system was stable and successful for overfour decades until the big-bank lobby persuaded regulators to open loopholes in Glass-Steagall during the 1980s and convinced Congress to repeal it in 1999.In Taming the Megabanks, Arthur Wilmarth, Jr. argues that we must separate banks from securities markets again to avoid another devastating financial crisis and ensure that our financial system serves Main Street business firms and consumers instead of Wall Street bankers and speculators. Wilmarth'scomprehensive and detailed analysis of the roles played by universal banks in the two worst financial catastrophes of the past century demonstrates that a new Glass-Steagall Act would make our financial system much more stable and less likely to produce boom-and-bust cycles. And giant universalbanks would no longer dominate our financial system or receive enormous subsidies.Congress did not adopt a new Glass-Steagall Act after the Global Financial Crisis. Instead, Congress passed the Dodd-Frank Act. Dodd-Frank's highly technical reforms tried to make banks safer but left the dangerous universal banking system in place. Universal banks continue to pose unacceptablerisks to financial stability and economic and social welfare. They exert far too much influence over our political and regulatory systems because of their immense size and their undeniable "too-big-to-fail" status.Taming the Megabanks forcefully makes the case for a a new Glass-Steagall Act to break up universal banks. A more decentralized and competitive system of independent banks and securities firms would not only provide better service to Main Street businesses and ordinary consumers but also bringstability to a volatile financial system.
| Author | : Emiliano J. Buis |
| Publisher | : BRILL |
| Total Pages | : 329 |
| Release | : 2018-05-01 |
| Genre | : Law |
| ISBN | : 9004363823 |
In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.
| Author | : Julian Ku |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 281 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 0199837422 |
As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.
