Regulatory State

Regulatory State
Author: Lisa Schultz Bressman
Publisher: Aspen Publishing
Total Pages: 1325
Release: 2019-09-13
Genre: Law
ISBN: 1543815979

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

China's Regulatory State
Author: Roselyn Hsueh Romano
Publisher: Cornell University Press
Total Pages: 321
Release: 2011-10-15
Genre: Political Science
ISBN: 080146286X

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 New Regulatory State

The New Regulatory State
Author: L. Leisering
Publisher: Springer
Total Pages: 330
Release: 2011-10-03
Genre: Social Science
ISBN: 0230343503

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

The Oxford Handbook of Business and Government
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.

Unelected Power

Unelected Power
Author: Paul Tucker
Publisher: Princeton University Press
Total Pages: 662
Release: 2019-09-10
Genre: Business & Economics
ISBN: 0691196303

Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

The Politics of Regulation

The Politics of Regulation
Author: Jacint Jordana
Publisher: Edward Elgar Publishing
Total Pages: 356
Release: 2004-01-01
Genre: Political Science
ISBN: 9781845420673

These changes, together with the general advance in the study of regulation, undoubtedly demand a re-evaluation of the theory of regulation, its methodologies and scope of application. This book is a perceptive investigation of recent evolutions in the manner and extent of governance through regulation. Scholars and students of comparative politics, public policy, regulation theory, institutional economics and political sociology will find it to be essential reading. It will also prove a valuable source of reference for those working or dealing with regulatory authorities and for business managers in private industries and services operating under a regulatory framework.

After the Rights Revolution

After the Rights Revolution
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 300
Release: 1990
Genre: Law
ISBN: 9780674009097

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.

Democracy and the Origins of the American Regulatory State

Democracy and the Origins of the American Regulatory State
Author: Samuel DeCanio
Publisher: Yale University Press
Total Pages: 321
Release: 2015-10-27
Genre: Political Science
ISBN: 0300216319

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.

Regulation in India: Design, Capacity, Performance

Regulation in India: Design, Capacity, Performance
Author: Devesh Kapur
Publisher: Bloomsbury Publishing
Total Pages: 492
Release: 2019-04-04
Genre: Law
ISBN: 1509927735

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.