Imperfect Alternatives

Imperfect Alternatives

Author: Neil K. Komesar

Publisher: University of Chicago Press

Published: 1997-01-15

Total Pages: 304

ISBN-13: 9780226450896

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Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.


Markets or Governments, second edition

Markets or Governments, second edition

Author: Charles Wolf, Jr.

Publisher: MIT Press

Published: 1993-09-02

Total Pages: 260

ISBN-13: 9780262731041

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Provides a formal theory of nonmarket failure, analyzing such problems as redundant costs, monopoly, frequency of unanticipated externalities, and bureaucracy in such nonmarket institutions as foundations, universities, and government. A theory of market failures is well established in economics, but the same has not been true for the study of nonmarket failures. Markets or Governments remedies this situation by providing a formal theory of nonmarket failure, analyzing such problems as redundant costs, monopoly, frequency of unanticipated externalities, and bureaucracy in such nonmarket institutions as foundations, universities, and government. This new edition updates the data and results contained in the first edition and includes references and applications of the theory to the ongoing process of system transformation in Russia, Ukraine, and Eastern Europe. The discussion of earlier literature that is relevant to the theory of nonmarket failure has been expanded.


Alternative Institutional Structures

Alternative Institutional Structures

Author: Sandra Batie

Publisher: Routledge

Published: 2008-06-16

Total Pages: 449

ISBN-13: 1135974918

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This book is the outcome of a workshop at Michigan State University on the career of A. Allan Schmid offering a collection of original essays that explore several approaches to understanding the impact of alternative legal-economic institutions.


Environmental Courts and Tribunals

Environmental Courts and Tribunals

Author: Ceri Warnock

Publisher: Bloomsbury Publishing

Published: 2021-01-07

Total Pages: 221

ISBN-13: 1509940081

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The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.


Environmental Commodities Markets and Emissions Trading

Environmental Commodities Markets and Emissions Trading

Author: Blas Luis Pérez Henríquez

Publisher: Routledge

Published: 2013-03-05

Total Pages: 298

ISBN-13: 113652178X

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Market-based solutions to environmental problems offer great promise, but require complex public policies that take into account the many institutional factors necessary for the market to work and that guard against the social forces that can derail good public policies. Using insights about markets from the new institutional economics, this book sheds light on the institutional history of the emissions trading concept as it has evolved across different contexts. It makes accessible the policy design and practical implementation aspects of a key tool for fighting climate change: emissions trading systems (ETS) for environmental control. Blas Luis Pérez Henríquez analyzes past market-based environmental programs to extract lessons for the future of ETS. He follows the development of the emissions trading concept as it evolved in the United States and was later applied in the multinational European Emissions Trading System and in sub-national programs in the United States such as the Regional Greenhouse Gas Initiative (RGGI) and California’s ETS. This ex-post evaluation of an ETS as it evolves in real time in the real world provides a valuable supplement to what is already known from theoretical arguments and simulation studies about the advantages and disadvantages of the market strategy. Political cycles and political debate over the use of markets for environmental control make any form of climate policy extremely contentious. Pérez Henríquez argues that, despite ideological disagreements, the ETS approach, or, more popularly, 'cap-and-trade' policy design, remains the best hope for a cost-effective policy to reduce GHG emissions around the world.


Israeli-Palestinian Peace Process

Israeli-Palestinian Peace Process

Author: Robert L Rothstein

Publisher: Liverpool University Press

Published: 2004-09-01

Total Pages: 194

ISBN-13: 1837641307

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A full length assessment of what went wrong with the Oslo peace process -- a process that began in euphoria and degenerated into disaster.


Competition and the State

Competition and the State

Author: D. Daniel Sokol

Publisher: Stanford University Press

Published: 2014-05-21

Total Pages: 302

ISBN-13: 0804791627

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Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.


The New Palgrave Dictionary of Economics

The New Palgrave Dictionary of Economics

Author:

Publisher: Springer

Published: 2016-05-18

Total Pages: 7493

ISBN-13: 1349588024

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The award-winning The New Palgrave Dictionary of Economics, 2nd edition is now available as a dynamic online resource. Consisting of over 1,900 articles written by leading figures in the field including Nobel prize winners, this is the definitive scholarly reference work for a new generation of economists. Regularly updated! This product is a subscription based product.


Courts, Regulators, and the Scrutiny of Economic Evidence

Courts, Regulators, and the Scrutiny of Economic Evidence

Author: Despoina Mantzari

Publisher: Oxford University Press

Published: 2022-09-16

Total Pages: 273

ISBN-13: 019885160X

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Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.