Author: Michael A. Livermore
Publisher: Oxford University Press, USA
ISBN: 0197539440
Category : Law
Languages : en
Pages : 305
Book Description
Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers -- Future directions -- Improving the guardrails.
Reviving Rationality
Author: Michael A. Livermore
Publisher: Oxford University Press, USA
ISBN: 0197539440
Category : Law
Languages : en
Pages : 305
Book Description
Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers -- Future directions -- Improving the guardrails.
Publisher: Oxford University Press, USA
ISBN: 0197539440
Category : Law
Languages : en
Pages : 305
Book Description
Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers -- Future directions -- Improving the guardrails.
The President and Immigration Law
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Publisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Saving the Freedom of Information Act
Author: Margaret B. Kwoka
Publisher: Cambridge University Press
ISBN: 1108482740
Category : Law
Languages : en
Pages : 273
Book Description
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
Publisher: Cambridge University Press
ISBN: 1108482740
Category : Law
Languages : en
Pages : 273
Book Description
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
By Executive Order
Author: Andrew Rudalevige
Publisher: Princeton University Press
ISBN: 0691203717
Category : Political Science
Languages : en
Pages : 324
Book Description
How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.
Publisher: Princeton University Press
ISBN: 0691203717
Category : Political Science
Languages : en
Pages : 324
Book Description
How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.
Bending the Rules
Author: Rachel Augustine Potter
Publisher: University of Chicago Press
ISBN: 022662188X
Category : Political Science
Languages : en
Pages : 259
Book Description
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
Publisher: University of Chicago Press
ISBN: 022662188X
Category : Political Science
Languages : en
Pages : 259
Book Description
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
Constitutional Coup
Author: Jon D. Michaels
Publisher: Harvard University Press
ISBN: 0674737733
Category : Business & Economics
Languages : en
Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Publisher: Harvard University Press
ISBN: 0674737733
Category : Business & Economics
Languages : en
Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
The Antitrust Paradox
Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536
Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536
Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
The Power and Independence of the Federal Reserve
Author: Peter Conti-Brown
Publisher: Princeton University Press
ISBN: 0691178380
Category : Business & Economics
Languages : en
Pages : 372
Book Description
An in-depth look at the history, leadership, and structure of the Federal Reserve Bank The independence of the Federal Reserve is considered a cornerstone of its identity, crucial for keeping monetary policy decisions free of electoral politics. But do we really understand what is meant by "Federal Reserve independence"? Using scores of examples from the Fed's rich history, The Power and Independence of the Federal Reserve shows that much common wisdom about the nation's central bank is inaccurate. Legal scholar and financial historian Peter Conti-Brown provides an in-depth look at the Fed's place in government, its internal governance structure, and its relationships to such individuals and groups as the president, Congress, economists, and bankers. Exploring how the Fed regulates the global economy and handles its own internal politics, and how the law does—and does not—define the Fed's power, Conti-Brown captures and clarifies the central bank's defining complexities. He examines the foundations of the Federal Reserve Act of 1913, which established a system of central banks, and the ways that subsequent generations have redefined the organization. Challenging the notion that the Fed Chair controls the organization as an all-powerful technocrat, he explains how institutions and individuals—within and outside of government—shape Fed policy. Conti-Brown demonstrates that the evolving mission of the Fed—including systemic risk regulation, wider bank supervision, and as a guardian against inflation and deflation—requires a reevaluation of the very way the nation's central bank is structured. Investigating how the Fed influences and is influenced by ideologies, personalities, law, and history, The Power and Independence of the Federal Reserve offers a uniquely clear and timely picture of one of the most important institutions in the United States and the world.
Publisher: Princeton University Press
ISBN: 0691178380
Category : Business & Economics
Languages : en
Pages : 372
Book Description
An in-depth look at the history, leadership, and structure of the Federal Reserve Bank The independence of the Federal Reserve is considered a cornerstone of its identity, crucial for keeping monetary policy decisions free of electoral politics. But do we really understand what is meant by "Federal Reserve independence"? Using scores of examples from the Fed's rich history, The Power and Independence of the Federal Reserve shows that much common wisdom about the nation's central bank is inaccurate. Legal scholar and financial historian Peter Conti-Brown provides an in-depth look at the Fed's place in government, its internal governance structure, and its relationships to such individuals and groups as the president, Congress, economists, and bankers. Exploring how the Fed regulates the global economy and handles its own internal politics, and how the law does—and does not—define the Fed's power, Conti-Brown captures and clarifies the central bank's defining complexities. He examines the foundations of the Federal Reserve Act of 1913, which established a system of central banks, and the ways that subsequent generations have redefined the organization. Challenging the notion that the Fed Chair controls the organization as an all-powerful technocrat, he explains how institutions and individuals—within and outside of government—shape Fed policy. Conti-Brown demonstrates that the evolving mission of the Fed—including systemic risk regulation, wider bank supervision, and as a guardian against inflation and deflation—requires a reevaluation of the very way the nation's central bank is structured. Investigating how the Fed influences and is influenced by ideologies, personalities, law, and history, The Power and Independence of the Federal Reserve offers a uniquely clear and timely picture of one of the most important institutions in the United States and the world.
Engineering Rules
Author: JoAnne Yates
Publisher: JHU Press
ISBN: 1421428903
Category : Technology & Engineering
Languages : en
Pages : 439
Book Description
The first global history of voluntary consensus standard setting. Finalist, Hagley Prize in Business History, The Hagley Museum and Library / The Business History Conference Private, voluntary standards shape almost everything we use, from screw threads to shipping containers to e-readers. They have been critical to every major change in the world economy for more than a century, including the rise of global manufacturing and the ubiquity of the internet. In Engineering Rules, JoAnne Yates and Craig N. Murphy trace the standard-setting system's evolution through time, revealing a process with an astonishingly pervasive, if rarely noticed, impact on all of our lives. This type of standard setting was established in the 1880s, when engineers aimed to prove their status as professionals by creating useful standards that would be widely adopted by manufacturers while satisfying corporate customers. Yates and Murphy explain how these engineers' processes provided a timely way to set desirable standards that would have taken much longer to emerge from the market and that governments were rarely willing to set. By the 1920s, the standardizers began to think of themselves as critical to global prosperity and world peace. After World War II, standardizers transcended Cold War divisions to create standards that made the global economy possible. Finally, Yates and Murphy reveal how, since 1990, a new generation of standardizers has focused on supporting the internet and web while applying the same standard-setting process to regulate the potential social and environmental harms of the increasingly global economy. Drawing on archival materials from three continents, Yates and Murphy describe the positive ideals that sparked the standardization movement, the ways its leaders tried to realize those ideals, and the challenges the movement faces today. Engineering Rules is a riveting global history of the people, processes, and organizations that created and maintain this nearly invisible infrastructure of today's economy, which is just as important as the state or the global market.
Publisher: JHU Press
ISBN: 1421428903
Category : Technology & Engineering
Languages : en
Pages : 439
Book Description
The first global history of voluntary consensus standard setting. Finalist, Hagley Prize in Business History, The Hagley Museum and Library / The Business History Conference Private, voluntary standards shape almost everything we use, from screw threads to shipping containers to e-readers. They have been critical to every major change in the world economy for more than a century, including the rise of global manufacturing and the ubiquity of the internet. In Engineering Rules, JoAnne Yates and Craig N. Murphy trace the standard-setting system's evolution through time, revealing a process with an astonishingly pervasive, if rarely noticed, impact on all of our lives. This type of standard setting was established in the 1880s, when engineers aimed to prove their status as professionals by creating useful standards that would be widely adopted by manufacturers while satisfying corporate customers. Yates and Murphy explain how these engineers' processes provided a timely way to set desirable standards that would have taken much longer to emerge from the market and that governments were rarely willing to set. By the 1920s, the standardizers began to think of themselves as critical to global prosperity and world peace. After World War II, standardizers transcended Cold War divisions to create standards that made the global economy possible. Finally, Yates and Murphy reveal how, since 1990, a new generation of standardizers has focused on supporting the internet and web while applying the same standard-setting process to regulate the potential social and environmental harms of the increasingly global economy. Drawing on archival materials from three continents, Yates and Murphy describe the positive ideals that sparked the standardization movement, the ways its leaders tried to realize those ideals, and the challenges the movement faces today. Engineering Rules is a riveting global history of the people, processes, and organizations that created and maintain this nearly invisible infrastructure of today's economy, which is just as important as the state or the global market.