Judging Regulators
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Judging Regulators
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Author : Eric C. Ip
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Judging Regulators written by Eric C. Ip and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.
Judging Regulators
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Author : Eric C. Ip
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Judging Regulators written by Eric C. Ip and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with categories.
Drawing insights from economics and political science, Judging Regulators demonstrates how the administrative law of both the US and the UK has been polarized along a spectrum of effective 'veto-gates' since the mid-20th century. The author systematically compares and contrasts administrative law in the US and the UK, proposing an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. He explains the current divergence in administrative common law between both sides of the Atlantic, forecasting their future in light of recent destabilizing political developments, such as the attempts by US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister, contrary to the long-standing Wednesbury unreasonableness standard. Applying his Veto-gate Theory of Administrative Common Law, Ip theorizes how long-term changes in the polities' number of veto-gates is key to understanding why an antithesis emerged between these two flagships of the common law world. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and researchers of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful to political scientists and economists interested in judicial politics and regulation.
The Failure Of Judges And The Rise Of Regulators
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Author : Andrei Shleifer
language : en
Publisher: MIT Press
Release Date : 2016-03-25
The Failure Of Judges And The Rise Of Regulators written by Andrei Shleifer and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-25 with Business & Economics categories.
A noted economist argues that the ubiquity of regulation can be explained by its greater efficiency when compared to litigation. Government regulation is ubiquitous today in rich and middle-income countries—present in areas that range from workplace conditions to food processing to school curricula—although standard economic theories predict that it should be rather uncommon. In this book, Andrei Shleifer argues that the ubiquity of regulation can be explained not so much by the failure of markets as by the failure of courts to solve contract and tort disputes cheaply, predictably, and impartially. When courts are expensive, unpredictable, and biased, the public will seek alternatives to dispute resolution. The form this alternative has taken throughout the world is regulation. The Failure of Judges and the Rise of Regulators gathers Shleifer's influential writings on regulation and adds to them a substantial introductory essay in which Shleifer critiques the standard theories of economic regulation and proposes “the Enforcement Theory of Regulation,” which sees regulation as the more efficient strategy for social control of business. Subsequent chapters present the theoretical and empirical case against the efficiency of courts, make the historical and theoretical case for the comparative efficiency of regulation, and offer two empirical studies suggesting circumstances in which regulation might emerge as an efficient solution to social problems. Shleifer does not offer an unconditional endorsement of regulation and its expansion but rather argues that it is better than its alternatives, particularly litigation. Contributors Nicola Gennaioli, Anthony Niblett, Richard A. Posner, Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes, Edward L. Glaeser, Simon Johnson, Casey B. Mulligan
Regulating Judges
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Author : Richard Devlin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-12-30
Regulating Judges written by Richard Devlin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Law categories.
Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
The Role Of The Judge In International Trade Regulation
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2009-12-22
The Role Of The Judge In International Trade Regulation written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-22 with Law categories.
The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.
Judging The State In International Trade And Investment Law
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Author : Leïla Choukroune
language : en
Publisher: Springer
Release Date : 2016-12-10
Judging The State In International Trade And Investment Law written by Leïla Choukroune and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-10 with Law categories.
This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.
Regulation Versus Litigation
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Author : Daniel P. Kessler
language : en
Publisher: University of Chicago Press
Release Date : 2011-02
Regulation Versus Litigation written by Daniel P. Kessler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02 with Business & Economics categories.
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Behavioral Public Choice Economics And The Law
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Author : Eric C. Ip
language : en
Publisher: Springer Nature
Release Date : 2022-10-20
Behavioral Public Choice Economics And The Law written by Eric C. Ip and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This book provides an accessible introduction to the emerging field of behavioral public choice economics and the law. This field studies how public officials, lawmakers, and judges fall prey to their own biases and heuristics, and how constitutions and judicial doctrines can be structured to mitigate these cognitive shortcomings. Written lucidly in plain language, this book is invaluable to all students, scholars, and general readers interested in behavioral economics, law and economics, and political economy.
Judges On Judging
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Author : David M. O′Brien
language : en
Publisher: CQ Press
Release Date : 2016-05-20
Judges On Judging written by David M. O′Brien and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Political Science categories.
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College
Preventing Regulatory Capture
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Author : Daniel Carpenter
language : en
Publisher: Cambridge University Press
Release Date : 2014
Preventing Regulatory Capture written by Daniel Carpenter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.
Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.