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Author: Eric C. Ip
Publisher: Edward Elgar Publishing
Published: 2020-10-30
Total Pages: 192
ISBN-13: 1788110242
DOWNLOAD EBOOK →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.
Author: Andrei Shleifer
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9780262016957
DOWNLOAD EBOOK →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.
Author: Eric C. Ip
Publisher: Edward Elgar Publishing
Published: 2020-10-30
Total Pages: 192
ISBN-13: 9781788110235
DOWNLOAD EBOOK →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.
Author: Richard Devlin
Publisher: Edward Elgar Publishing
Published: 2016-12-30
Total Pages: 448
ISBN-13: 1786430797
DOWNLOAD EBOOK →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.
Author: Andrei Shleifer
Publisher: MIT Press
Published: 2016-03-25
Total Pages: 0
ISBN-13: 0262529521
DOWNLOAD EBOOK →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
Author: Daniel Carpenter
Publisher: Cambridge University Press
Published: 2014
Total Pages: 531
ISBN-13: 1107036089
DOWNLOAD EBOOK →Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOK →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.
Author: United States. National Labor Relations Board. Division of Judges
Publisher: Government Printing Office
Published: 2001
Total Pages: 148
ISBN-13:
DOWNLOAD EBOOK →Author: Daniel P. Kessler
Publisher: University of Chicago Press
Published: 2011-02
Total Pages: 344
ISBN-13: 0226432181
DOWNLOAD EBOOK →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.
Author: Thomas Cottier
Publisher: University of Michigan Press
Published: 2009-12-22
Total Pages: 377
ISBN-13: 047202499X
DOWNLOAD EBOOK →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.
