Author: Cary Coglianese
Publisher: University of Pennsylvania Press
ISBN: 0812207491
Category : Political Science
Languages : en
Pages : 290
Book Description
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation brings fresh insight and analytic rigor to what has become one of the most contested domains of American domestic politics. Critics from the left blame lax regulation for the housing meltdown and financial crisis—not to mention major public health disasters ranging from the Gulf Coast oil spill to the Upper Big Branch Mine explosion. At the same time, critics on the right disparage an excessively strict and costly regulatory system for hampering economic recovery. With such polarized accounts of regulation and its performance, the nation needs now more than ever the kind of dispassionate, rigorous scholarship found in this book. With chapters written by some of the nation's foremost economists, political scientists, and legal scholars, Regulatory Breakdown brings clarity to the heated debate over regulation by dissecting the disparate causes of the current crisis as well as analyzing promising solutions to what ails the U.S. regulatory system. This volume shows policymakers, researchers, and the public why they need to question conventional wisdom about regulation—whether from the left or the right—and demonstrates the value of undertaking systematic analysis before adopting policy reforms in the wake of disaster.
Regulatory Breakdown
Author: Cary Coglianese
Publisher: University of Pennsylvania Press
ISBN: 0812207491
Category : Political Science
Languages : en
Pages : 290
Book Description
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation brings fresh insight and analytic rigor to what has become one of the most contested domains of American domestic politics. Critics from the left blame lax regulation for the housing meltdown and financial crisis—not to mention major public health disasters ranging from the Gulf Coast oil spill to the Upper Big Branch Mine explosion. At the same time, critics on the right disparage an excessively strict and costly regulatory system for hampering economic recovery. With such polarized accounts of regulation and its performance, the nation needs now more than ever the kind of dispassionate, rigorous scholarship found in this book. With chapters written by some of the nation's foremost economists, political scientists, and legal scholars, Regulatory Breakdown brings clarity to the heated debate over regulation by dissecting the disparate causes of the current crisis as well as analyzing promising solutions to what ails the U.S. regulatory system. This volume shows policymakers, researchers, and the public why they need to question conventional wisdom about regulation—whether from the left or the right—and demonstrates the value of undertaking systematic analysis before adopting policy reforms in the wake of disaster.
Publisher: University of Pennsylvania Press
ISBN: 0812207491
Category : Political Science
Languages : en
Pages : 290
Book Description
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation brings fresh insight and analytic rigor to what has become one of the most contested domains of American domestic politics. Critics from the left blame lax regulation for the housing meltdown and financial crisis—not to mention major public health disasters ranging from the Gulf Coast oil spill to the Upper Big Branch Mine explosion. At the same time, critics on the right disparage an excessively strict and costly regulatory system for hampering economic recovery. With such polarized accounts of regulation and its performance, the nation needs now more than ever the kind of dispassionate, rigorous scholarship found in this book. With chapters written by some of the nation's foremost economists, political scientists, and legal scholars, Regulatory Breakdown brings clarity to the heated debate over regulation by dissecting the disparate causes of the current crisis as well as analyzing promising solutions to what ails the U.S. regulatory system. This volume shows policymakers, researchers, and the public why they need to question conventional wisdom about regulation—whether from the left or the right—and demonstrates the value of undertaking systematic analysis before adopting policy reforms in the wake of disaster.
The Crisis of Confidence in Legislation
Author: Maria De Benedetto
Publisher:
ISBN: 9783848766451
Category :
Languages : en
Pages : 360
Book Description
Die Beitrage des Sammelbandes beschaftigen sich mit der Frage, wie das Vertrauen in den Staat und seine Gesetzgebung wiederhergestellt werden kann.
Publisher:
ISBN: 9783848766451
Category :
Languages : en
Pages : 360
Book Description
Die Beitrage des Sammelbandes beschaftigen sich mit der Frage, wie das Vertrauen in den Staat und seine Gesetzgebung wiederhergestellt werden kann.
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.
Legitimation Crisis
Author: Juergen Habermas
Publisher: Beacon Press
ISBN: 9780807015216
Category : Philosophy
Languages : en
Pages : 196
Book Description
Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.
Publisher: Beacon Press
ISBN: 9780807015216
Category : Philosophy
Languages : en
Pages : 196
Book Description
Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.
Why Washington Won't Work
Author: Marc J. Hetherington
Publisher: University of Chicago Press
ISBN: 022629935X
Category : Political Science
Languages : en
Pages : 278
Book Description
Polarization is at an all-time high in the United States. But contrary to popular belief, Americans are polarized not so much in their policy preferences as in their feelings toward their political opponents: To an unprecedented degree, Republicans and Democrats simply do not like one another. No surprise that these deeply held negative feelings are central to the recent (also unprecedented) plunge in congressional productivity. The past three Congresses have gotten less done than any since scholars began measuring congressional productivity. In Why Washington Won’t Work, Marc J. Hetherington and Thomas J. Rudolph argue that a contemporary crisis of trust—people whose party is out of power have almost no trust in a government run by the other side—has deadlocked Congress. On most issues, party leaders can convince their own party to support their positions. In order to pass legislation, however, they must also create consensus by persuading some portion of the opposing party to trust in their vision for the future. Without trust, consensus fails to develop and compromise does not occur. Up until recently, such trust could still usually be found among the opposition, but not anymore. Political trust, the authors show, is far from a stable characteristic. It’s actually highly variable and contingent on a variety of factors, including whether one’s party is in control, which part of the government one is dealing with, and which policies or events are most salient at the moment. Political trust increases, for example, when the public is concerned with foreign policy—as in times of war—and it decreases in periods of weak economic performance. Hetherington and Rudolph do offer some suggestions about steps politicians and the public might take to increase political trust. Ultimately, however, they conclude that it is unlikely levels of political trust will significantly increase unless foreign concerns come to dominate and the economy is consistently strong.
Publisher: University of Chicago Press
ISBN: 022629935X
Category : Political Science
Languages : en
Pages : 278
Book Description
Polarization is at an all-time high in the United States. But contrary to popular belief, Americans are polarized not so much in their policy preferences as in their feelings toward their political opponents: To an unprecedented degree, Republicans and Democrats simply do not like one another. No surprise that these deeply held negative feelings are central to the recent (also unprecedented) plunge in congressional productivity. The past three Congresses have gotten less done than any since scholars began measuring congressional productivity. In Why Washington Won’t Work, Marc J. Hetherington and Thomas J. Rudolph argue that a contemporary crisis of trust—people whose party is out of power have almost no trust in a government run by the other side—has deadlocked Congress. On most issues, party leaders can convince their own party to support their positions. In order to pass legislation, however, they must also create consensus by persuading some portion of the opposing party to trust in their vision for the future. Without trust, consensus fails to develop and compromise does not occur. Up until recently, such trust could still usually be found among the opposition, but not anymore. Political trust, the authors show, is far from a stable characteristic. It’s actually highly variable and contingent on a variety of factors, including whether one’s party is in control, which part of the government one is dealing with, and which policies or events are most salient at the moment. Political trust increases, for example, when the public is concerned with foreign policy—as in times of war—and it decreases in periods of weak economic performance. Hetherington and Rudolph do offer some suggestions about steps politicians and the public might take to increase political trust. Ultimately, however, they conclude that it is unlikely levels of political trust will significantly increase unless foreign concerns come to dominate and the economy is consistently strong.
Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
The Brussels Effect
Author: Anu Bradford
Publisher: Oxford University Press
ISBN: 0190088605
Category : Law
Languages : en
Pages : 368
Book Description
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Publisher: Oxford University Press
ISBN: 0190088605
Category : Law
Languages : en
Pages : 368
Book Description
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Four Threats
Author: Suzanne Mettler
Publisher: St. Martin's Press
ISBN: 9781250244420
Category : Political Science
Languages : en
Pages : 304
Book Description
An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.
Publisher: St. Martin's Press
ISBN: 9781250244420
Category : Political Science
Languages : en
Pages : 304
Book Description
An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.
Government and Markets
Author: Edward J. Balleisen
Publisher: Cambridge University Press
ISBN: 0521118484
Category : Business & Economics
Languages : en
Pages : 579
Book Description
After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs, and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences.
Publisher: Cambridge University Press
ISBN: 0521118484
Category : Business & Economics
Languages : en
Pages : 579
Book Description
After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs, and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences.