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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: 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: Miles Kahler
Publisher: Princeton University Press
ISBN: 069123468X
Category : Political Science
Languages : en
Pages : 515
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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: Derek Curtis Bok
Publisher: Harvard University Press
ISBN: 9780674004481
Category : Political Science
Languages : en
Pages : 516
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Book Description
The author of "State of the Nation" seeks to determine the main reasons for the failings and frustrations associated with government and offers concrete steps that Americans can take to become politically engaged and to help the United States to improve its performance. 3 tables.
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: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Category : Language Arts & Disciplines
Languages : en
Pages : 315
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Book Description
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1139789856
Category : Law
Languages : en
Pages : 489
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Book Description
Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.
Author: Steven Cann
Publisher: Routledge
ISBN: 1351729144
Category : Social Science
Languages : en
Pages : 615
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Book Description
This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.
Author: Robert F. Durant
Publisher: OUP Oxford
ISBN: 0191628328
Category : Political Science
Languages : en
Pages : 887
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Book Description
One of the major dilemmas facing the administrative state in the United States today is discerning how best to harness for public purposes the dynamism of markets, the passion and commitment of nonprofit and volunteer organizations, and the public-interest-oriented expertise of the career civil service. Researchers across a variety of disciplines, fields, and subfields have independently investigated aspects of the formidable challenges, choices, and opportunities this dilemma poses for governance, democratic constitutionalism, and theory building. This literature is vast, affords multiple and conflicting perspectives, is methodologically diverse, and is fragmented. The Oxford Handbook of American Bureaucracy affords readers an uncommon overview and integration of this eclectic body of knowledge as adduced by many of its most respected researchers. Each of the chapters identifies major issues and trends, critically takes stock of the state of knowledge, and ponders where future research is most promising. Unprecedented in scope, methodological diversity, scholarly viewpoint, and substantive integration, this volume is invaluable for assessing where the study of American bureaucracy stands at the end of the first decade of the 21st century, and where leading scholars think it should go in the future. The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars critically assess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics. General Editor for The Oxford Handbooks of American Politics: George C. Edwards III
Author: George Dellis
Publisher: Edward Elgar Publishing
ISBN: 1800375794
Category : Law
Languages : en
Pages : 311
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Book Description
This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.
