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Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 9780300078701
Category : Law
Languages : en
Pages : 256
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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
Get Book Here
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: Steven P. Erie
Publisher: Stanford University Press
ISBN: 0804782180
Category : Political Science
Languages : en
Pages : 536
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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: Steve Forbes
Publisher: Crown Currency
ISBN: 0307951596
Category : Business & Economics
Languages : en
Pages : 611
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Book Description
From Steve Forbes, the iconic editor in chief of Forbes Media, and Elizabeth Ames coauthors of How Capitalism Will Save Us—comes a new way of thinking about the role of government and the morality of free markets. Americans today are at a turning point. Are we a country founded on the values of freedom and limited government, as envisioned by the founding fathers in the Declaration of Independence and the Constitution? Or do we want to become a European-style socialist democracy? What best serves the public good—freedom or Big Government? In Freedom Manifesto, Forbes and Ames offer a new twist on this historic debate. Today’s bloated and bureaucratic government, they argue, is anything but a force for compassion. Instead of assuring fairness, it promotes favoritism. Instead of furthering opportunity, it stifles economic growth. Instead of unleashing innovation and material abundance, its regulations and price controls create rigidity and scarcity. Not only are Big Government’s inefficient and ever-expanding bureaucracies ill-equipped to deliver on their promises—they are often guilty of the very greed, excess, and corruption routinely ascribed to the private sector. The only way to a truly fair and moral society, the authors say, is through economic freedom—free people and free markets. Throughout history, open markets have helped the poor and everyone else by unleashing unprecedented creativity, generating wealth, and raising living standards. Promoting trust, generosity, and democracy, economic freedom has been a more powerful force for individual rights, self-determination—and humanity—than any government bureaucracy. Freedom Manifesto captures the spirit of a new movement that is questioning old ideas about the morality of government and markets for the first time since the Great Depression. Going beyond the familiar explanations and sound bites, the authors provide a fully developed framework of “first principles” for a true understanding of the real moral and ethical distinctions between more and less government. This timely and provocative book shows why free markets and liberty are the only way to a better future and a fair and humane society.
Author: Gretchen Morgenson
Publisher: St. Martin's Griffin
ISBN: 9781250008794
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
A Washington Post Notable Nonfiction Book for 2011 One of The Economist's 2011 Books of the Year In Reckless Endangerment, Gretchen Morgenson exposes how the watchdogs who were supposed to protect the country from financial harm were actually complicit in the actions that finally blew up the American economy. Drawing on previously untapped sources and building on original research from coauthor Joshua Rosner—who himself raised early warnings with the public and investors, and kept detailed records—Morgenson connects the dots that led to this fiasco. Morgenson and Rosner draw back the curtain on Fannie Mae, the mortgage-finance giant that grew, with the support of the Clinton administration, through the 1990s, becoming a major opponent of government oversight even as it was benefiting from public subsidies. They expose the role played not only by Fannie Mae executives but also by enablers at Countrywide Financial, Goldman Sachs, the Federal Reserve, HUD, Congress, and the biggest players on Wall Street, to show how greed, aggression, and fear led countless officials to ignore warning signs of an imminent disaster. Character-rich and definitive in its analysis, and with a new afterword that brings the story up to date, this is the one account of the financial crisis you must read.
Author: Jay W. Richards
Publisher: Harper Collins
ISBN: 0061874566
Category : Business & Economics
Languages : en
Pages : 276
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Book Description
In Money, Greed, and God: Why Capitalism is the Solution and Not the Problem, Senior Fellow at the Discovery Institute Jay W. Richards and bestselling author of Indivisible: Restoring Faith, Family, and Freedom Before It's Too Late and Infiltrated: How to Stop the Insiders and Activists Who Are Exploiting the Financial Crisis to Control Our Lives and Our Fortunes, defends capitalism within the context of the Christian faith, revealing how entrepreneurial enterprise, based on hard work, honesty, and trust, actually fosters creativity and growth. In doing so, Money, Greed, and God exposes eight myths about capitalism, and demonstrates that a good Christian can be a good capitalist.
Author: Giovanni Arrighi
Publisher: U of Minnesota Press
ISBN: 9780816631520
Category : Political Science
Languages : en
Pages : 352
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Book Description
Adopting an historical approach, explores four controversies facing global analyses today: the geography of world power, the power of states versus the power of capital, the social power of subordinate groups, and the changing balance of civilizational power.
Author: Peter H. Schuck
Publisher: Princeton University Press
ISBN: 0691168539
Category : Law
Languages : en
Pages : 484
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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: Professor Marshall J. Breger
Publisher: Oxford University Press
ISBN: 0190266821
Category : Law
Languages : en
Pages : 576
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Book Description
It is essential for anyone involved in law, politics, and government to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector. Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for "contracting out," self-regulation and incorporation by reference of private standards. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.
Author: Jerry L. Mashaw
Publisher: Cambridge University Press
ISBN: 1108421008
Category : Law
Languages : en
Pages : 213
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Book Description
Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.
Author: Cary Coglianese
Publisher: Brookings Institution Press
ISBN: 0815728441
Category : Political Science
Languages : en
Pages : 340
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Book Description
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger. In addition to chapters by editor Cary Coglianese, and a foreword by Jim Ellis, president and chief executive officer of the Alberta Energy Regulator, contributors include Robert Baldwin (London School of Economics and Political Science), John Braithwaite (Australian National University), Angus Corbett (University of Pennsylvania), Daniel Esty (Yale University), Adam Finkel (University of Pennsylvania and University of Michigan), Ted Gayer (Brookings Institution), John Graham (Indiana University), Neil Gunningham (Australian National University), Kathryn Harrison (University of British Columbia), Bridget Hutter (London School of Economics and Political Science), Howard Kunreuther (Wharton School at the University of Pennsylvania), David Levi-Faur (Hebrew University of Jerusalem), Shelley H. Metzenbaum (Volcker Alliance), Donald P. Moynihan (University of Wisconsin–Madison), Paul R. Noe (American Forest and Paper Association), Gaurav Vasisht (Volcker Alliance), David Vogel (University of California–Berkeley), and Wendy Wagner (University of Texas School of Law).
