Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
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.
Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.
An insider’s look at the SEC and the changes needed to strengthen the U.S. financial system In 2008, Americans were reeling from the devastating financial crisis that caused the Great Recession. There were searing questions about how the crisis was allowed to happen and calls for immediate reform from Capital Hill, the news media, and the general public. Multiple scandals sent real fear through the investing community and brought unprecedented heat on the Securities and Exchange Commission (SEC). There was little doubt that the SEC had to fix rules that permitted bad behavior, shake off decades of complacency and enforce existing laws. Wall Street lawyer Norm Champ spent nearly 20 years dealing with the SEC on behalf of his clients and as an industry representative working to educate the agency about hedge funds. Believing he could help reform the deeply-flawed agency, Champ left his career in the private sector and joined the SEC. As Director of the Division of Investment Management, he became a key player in stabilizing trillions of dollars of investor capital while reenergizing the SEC’s culture and management. In Going Public, Champ presents a rare, insider’s look at how the SEC operates and explains exactly how the agency impacts the overall economic health of the country. He examines the inner workings of hedge funds, economic policy and politics, investing, and inefficient and frustrating federal agencies. Engrossing and important, this book offers critical recommendations for policy changes that will create healthy, free-functioning markets and help Americans better prepare for the inevitable next crisis.
“Worth a read for anyone who cares about making change happen.”—Barack Obama A powerful new blueprint for how governments and nonprofits can harness the power of digital technology to help solve the most serious problems of the twenty-first century As the speed and complexity of the world increases, governments and nonprofit organizations need new ways to effectively tackle the critical challenges of our time—from pandemics and global warming to social media warfare. In Power to the Public, Tara Dawson McGuinness and Hana Schank describe a revolutionary new approach—public interest technology—that has the potential to transform the way governments and nonprofits around the world solve problems. Through inspiring stories about successful projects ranging from a texting service for teenagers in crisis to a streamlined foster care system, the authors show how public interest technology can make the delivery of services to the public more effective and efficient. At its heart, public interest technology means putting users at the center of the policymaking process, using data and metrics in a smart way, and running small experiments and pilot programs before scaling up. And while this approach may well involve the innovative use of digital technology, technology alone is no panacea—and some of the best solutions may even be decidedly low-tech. Clear-eyed yet profoundly optimistic, Power to the Public presents a powerful blueprint for how government and nonprofits can help solve society’s most serious problems.
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.