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Author: Jerry L. Mashaw Publisher: Yale University Press ISBN: 9780300078701 Category : Law Languages : en Pages : 256
Book Description
Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.
Author: Jerry L. Mashaw Publisher: Yale University Press ISBN: 9780300078701 Category : Law Languages : en Pages : 256
Book Description
Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.
Author: Giovanni Arrighi Publisher: U of Minnesota Press ISBN: 9780816631513 Category : History Languages : en Pages : 368
Book Description
In a period of dramatic transformation and upheaval, as we wonder what the future holds, this book reminds us that the world has undergone enormous changes before and that an understanding of those changes may tell us something about our own turbulent time. The authors look to two earlier periods that resemble the present in key respects -- the transition from Dutch to British world hegemony in the eighteenth century and the transition from British to U.S. world hegemony in the late-nineteenth and early-twentieth centuries. In each case, a system wide expansion culminated in crisis and systemic chaos; eventually, a new hegemonic power reorganized the system to solve the problems and contradictions that underlay the chaos. The authors find recurrent characteristics in these transitions, such as the resurgence of finance capital and the intensification of interstate rivalries and social conflict. They also recognize, however, how the present transition differs from the previous patterns. Among the anomalies are the proliferation of transnational organizations and communities, increased social conflict in driving systemic change, a geographical split between military and financial powers, and a shift in the processes of capital accumulation away from the West. Chaos and Governance in the Modern Worm System addresses controversies affecting a range of fields -- political, economic, social, and cultural -- concerned with global change. Though written from a world-systems perspective, it emphasizes the instability and adaptability of world capitalism and the role played by hegemonic states in periodically reorganizing the system.
Author: John Raymond LaBrosse Publisher: Edward Elgar Publishing ISBN: 1781005001 Category : Business & Economics Languages : en Pages : 288
Book Description
ÔThis enlightening volume provides an invaluable guide for those perplexed by the seemingly intractable problems of financial crises, sovereign distress, and government guarantees. Contributors include an all-star cast of leading figures in the field. Highly recommended.Õ Ð Geoffrey Miller, New York University, US ÔThe history of the 2007Ð09 and possibly beyond near-global financial crisis needs to be examined carefully in order to identify and understand the causes, the transmission across countries, the harm to macroeconomies, the public policies adopted, the effectiveness of such policies, and the lessons to be learned to prevent or at least mitigate future such crises. This volume contributes to this task. It brings together under one cover the analyses of the various aspects of the crisis by experts in each area. It should be priority reading for serious students of the crisis.Õ Ð George G. Kaufman, Loyola University Chicago, US ÔThe combination of the skills of the lawyer and of the economist has proved increasingly fruitful, developing both understanding and policy in many areas of life, such as accident prevention, crime prevention, and healthcare. This book follows the precedent of these areas and assembles a group of lawyers and economists who by their contributions, consider how best to deal with financial crises, and how to make their future occurrence less likely. It is both intellectually stimulating and practically important. The authors and editors are to be congratulated.Õ Ð Geoffrey Wood, Cass Business School and University of Buckingham, UK Financial Crisis Containment and Government Guarantees analyses the international communityÕs commitment to forging enhanced, well thought-out, mechanisms for containing systemic risks in the context of a highly interconnected global financial framework which incorporates ongoing financial innovation. While use of government guarantees is a central theme, the book also analyses the roles played by prudential regulators, central banks, deposit insurers and treasuries in dealing with the crisis. The book examines how governments, central banks, regulators and deposit insurance agencies have worked together to contain the global financial crisis. Additionally, it focuses on efforts to overcome ongoing obstacles, as well as the most important proposals to improve safety nets, both at the national level and internationally. This concise and detailed book will strongly appeal to students in law, economics and finance, law practitioners, policymakers in central banks and ministries of finance, as well as deposit protection agencies and regulatory agencies.
Author: Steven P. Erie Publisher: Stanford University Press ISBN: 0804782180 Category : Political Science Languages : en Pages : 360
Book Description
The early 21st century has not been kind to California's reputation for good government. But the Golden State's governance flaws reflect worrisome national trends with origins in the 1970s and 1980s. Growing voter distrust with government, a demand for services but not taxes to pay for them, a sharp decline in enlightened leadership and effective civic watchdogs, and dysfunctional political institutions have all contributed to the current governance malaise. Until recently, San Diego, California—America's 8th largest city—seemed immune to such systematic governance disorders. This sunny beach town entered the 1990s proclaiming to be "America's Finest City," but in a few short years its reputation went from "Futureville" to "Enron-by-the-Sea." In this eye-opening and telling narrative, Steven P. Erie, Vladimir Kogan, and Scott A. MacKenzie mix policy analysis, political theory, and history to explore and explain the unintended but largely predictable failures of governance in San Diego. Using untapped primary sources—interviews with key decision makers and public documents—and benchmarking San Diego with other leading California cities, Paradise Plundered examines critical dimensions of San Diego's governance failure: a multi-billion dollar pension deficit; a chronic budget deficit; inadequate city services and infrastructure; grandiose planning initiatives divorced from dire fiscal realities; an insulated downtown redevelopment program plagued by poorly-crafted public-private partnerships; and, for the metropolitan region, inadequate airport and port facilities, a severe underinvestment in firefighting capacity despite destructive wildfires, and heightened Mexican border security concerns. Far from a sunny story of paradise and prosperity, this account takes stock of an important but understudied city, its failed civic leadership, and poorly performing institutions, policymaking, and planning. Though the extent of these failures may place San Diego in a league of its own, other cities are experiencing similar challenges and political changes. As such, this tale of civic woe offers valuable lessons for urban scholars, practitioners, and general readers concerned about the future of their own cities.
Author: Peter H. Schuck Publisher: Princeton University Press ISBN: 0691168539 Category : Law Languages : en Pages : 484
Book Description
"From healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. The most alarming consequence of ineffective policies, in addition to unrealized social goals, is the growing threat to the government's democratic legitimacy. Understanding why government fails so often--and how it might become more effective--is an urgent responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state.Schuck argues that Washington's failures are due not to episodic problems or partisan bickering, but rather to deep structural flaws that undermine every administration, Democratic and Republican. These recurrent weaknesses include unrealistic goals, perverse incentives, poor and distorted information, systemic irrationality, rigidity and lack of credibility, a mediocre bureaucracy, powerful and inescapable markets, and the inherent limits of law. To counteract each of these problems, Schuck proposes numerous achievable reforms, from avoiding moral hazard in student loan, mortgage, and other subsidy programs, to empowering consumers of public services, simplifying programs and testing them for cost-effectiveness, and increasing the use of "big data." The book also examines successful policies--including the G.I. Bill, the Voting Rights Act, the Earned Income Tax Credit, and airline deregulation--to highlight the factors that made them work.An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such disrepute and how it can do better"--
Author: Mark A. Pollack Publisher: Rowman & Littlefield ISBN: 9780742509320 Category : Business & Economics Languages : en Pages : 370
Book Description
This important book examines transatlantic economic relations in the 1990s, and in particular efforts by the United States and the European Union to establish new forms of governance to cope with increasing economic interdependence. The authors explain the development of transatlantic cooperation, culminating in the multi-leveled governance mechanisms of the New Transatlantic Agenda. They assess, as well, central questions about the nature of transatlantic governance, as reflected in competing international relations theories of intergovernmental, transgovernmental (technocratic), and transnational (civil society) relations. Bringing together leading scholars from political science and law, the book provides a rich mix of analytic and normative perspectives that will be an invaluable resource for scholars, students, and policymakers alike.
Author: Miles Kahler Publisher: Princeton University Press ISBN: 069123468X Category : Political Science Languages : en Pages : 515
Book Description
Critics of globalization claim that economic integration drains political authority from states: devolving authority to newly empowered regions, delegating it to supranational organizations, and transferring it to multinational firms and nongovernmental organizations. Globalization is also attacked for forcing convergence of state institutions and policies and threatening the ability of societies to chart their own democratically determined courses. In Governance in a Global Economy, Miles Kahler and David Lake assemble the contributions of seventeen leading scholars who have systematically investigated how global economic integration produces changes of governance. These authors conclude that globalization has created a new and intricate fabric of governance, but one that fails to match the stark portrait of beleaguered states. Exploring changes in governance across several policy areas (such as tourism, trade, finance, and fiscal and monetary policy), the authors demonstrate that globalization changes the policy preferences of some actors, increases the bargaining power of others, and opens new institutional options for yet others. By reintroducing agency and choice into our understanding of globalization, this book provides important new insights into the complex and contingent effects of globalization on political authority and governance. The introduction and the conclusion are by the editors; the contributors are James A. Caporaso, Benjamin J. Cohen, Barry Eichengreen, Zachary Elkins, Geoffrey Garrett, Peter Gourevitch, Virginia Haufler, Michael J. Hiscox, Robert O. Keohane, Lisa L. Martin, Walter Mattli, Kathleen R. McNamara, Joseph S. Nye, Jr., Jonathan Rodden, Ronald Rogowski, Beth A. Simmons, and Peter Van Houten.
Author: OECD Publisher: OECD Publishing ISBN: 926408293X Category : Languages : en Pages : 248
Book Description
This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107029325 Category : Law Languages : en Pages : 489
Book Description
An interdisciplinary and international study addressing conflict of interest in different spheres and at different levels of governance.
Author: Jerry L. Mashaw
Author: Jerry L. Mashaw
Author: Giovanni Arrighi
Author: John Raymond LaBrosse
Author: Steven P. Erie
Author: Peter H. Schuck
Author: Mark A. Pollack
Author: Miles Kahler
Author: Harm Schepel
Author: OECD
Author: Anne Peters