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The Public Use of Private Interest

Author: Charles L. Schultze

Publisher: Brookings Institution Press

Published: 2010-12-01

Total Pages: 104

ISBN-13: 0815719051

According to conventional wisdom, government may intervene when private markets fail to provide goods and services that society values. This view has led to the passage of much legislation and the creation of a host of agencies that have attempted, by exquisitely detailed regulations, to compel legislatively defined behavior in a broad range of activities affecting society as a whole—health care, housing, pollution abatement, transportation, to name only a few. Far from achieving the goals of the legislators and regulators, these efforts have been largely ineffective; worse, they have spawned endless litigation and countless administrative proceedings as the individuals and firms on who the regulations fall seek to avoid, or at least soften, their impact. The result has been long delays in determining whether government programs work at all, thwarting of agreed-upon societal aims, and deep skepticism about the power of government to make any difference. Strangely enough in a nation that since its inception has valued both the means and the ends of the private market system, the United States has rarely tried to harness private interests to public goals. Whenever private markets fail to produce some desired good or service (or fail to deter undesirable activity), the remedies proposed have hardly ever involved creating a system of incentives similar to those of the market place so as to make private choice consonant with public virtue. In this revision of the Godkin Lectures presented at Harvard University in November and December 1976, Charles L. Schultze examines the sources of this paradox. He outlines a plan for government intervention that would turn away from the direct "command and control" regulating techniques of the past and rely instead on market-like incentives to encourage people indirectly to take publicly desired actions.

Public Interest and Private Rights in Social Media

Author: Cornelis Reiman

Publisher: Elsevier

Published: 2012-09-10

Total Pages: 255

ISBN-13: 178063353X

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Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres.Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries.This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the 'continuum of transparency'; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. - Provides a guide to the key components of corporate and academic use of social media - Offers technological and non-technological, legal, and international perspectives - Considers socio-political impact and legal issues

Small Comforts for Hard Times

Author: Michael Mooney

Publisher:

Published: 1977-01-01

Total Pages: 402

ISBN-13: 9780231040426

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Public Interest, Private Property

Author: Anneke Smit

Publisher: UBC Press

Published: 2015-12-15

Total Pages: 335

ISBN-13: 0774829346

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At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.

The Oxford Handbook of Jurisdiction in International Law

Author: Stephen Allen

Publisher: Oxford University Press

Published: 2019-09-17

Total Pages: 655

ISBN-13: 0191089370

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The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Private Power, Public Law

Author: Susan K. Sell

Publisher: Cambridge University Press

Published: 2003

Total Pages: 244

ISBN-13: 9780521525398

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Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

Public Policy and Private Interest

Author: J.A. Chandler

Publisher: Routledge

Published: 2016-12-08

Total Pages: 559

ISBN-13: 131529527X

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Public Policy and Private Interest explains the complexities of the policy making process in a refreshingly clear way for students who are new to this subject. The key topics it explains are: How policy originates, is refined, legitimised, implemented, evaluated and terminated in the forms of theoretical models of the policy process; Which actors and institutions are most influential in determining the nature of policy; The values that shape the policy agenda such as ideology, institutional self-interest and resource capabilities; The outcome of policies, and why they succeed or fail; The main policy theories including the very latest insights from network theory and post-modernism; How national policy is influenced by globalization. The text is fully illustrated throughout with a broad range of national and international case studies on subjects such as the banking crisis, the creation of unitary authorities and global environmental policy and regulation. Combining both a clear summary of debates and theories in public policy and a new and original approach to the subject, this book is essential reading for students of public policy and policy analysis.

A Question of Balance

Author: National Research Council

Publisher: National Academies Press

Published: 2000-01-15

Total Pages: 186

ISBN-13: 0309068258

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New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.