Comparative Law and Economics
Comparative Law and Economics

Author: the late Theodore Eisenberg

Publisher: Edward Elgar Publishing

Published: 2016-02-26

Total Pages: 506

ISBN-13: 0857932586

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Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.

Preemption Choice
Preemption Choice

Author: William W. Buzbee

Publisher: Cambridge University Press

Published: 2008-12-15

Total Pages: 337

ISBN-13: 1139474812

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This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

Federalism and the Tug of War Within
Federalism and the Tug of War Within

Author: Professor Erin Ryan

Publisher: Oxford University Press

Published: 2011-11-25

Total Pages: 429

ISBN-13: 0199876339

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Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.

Climate Rationality
Climate Rationality

Author: Jason S. Johnston

Publisher: Cambridge University Press

Published: 2021-08-19

Total Pages: 657

ISBN-13: 1108244254

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Most environmental statutes passed since 1970 have endorsed a pragmatic or 'precautionary' principle under which the existence of a significant risk is enough to trigger regulation. At the same time, targets of such regulation have often argued on grounds of inefficiency that the associated costs outweigh any potential benefits. In this work, Jason Johnston unpacks and critiques the legal, economic, and scientific basis for precautionary climate policies pursued in the United States and in doing so sheds light on why the global warming policy debate has become increasingly bitter and disconnected from both climate science and economics. Johnston analyzes the most influential international climate science assessment organizations, the US electric power industry, and land management and renewable energy policies. Bridging sound economics and climate science, this pathbreaking book shows how the United States can efficiently adapt to a changing climate while radically reducing greenhouse gas emissions.

Digital Decarbonization
Digital Decarbonization

Author: Varun Sivaram

Publisher: Council on Foreign Relations Press

Published: 2018

Total Pages: 146

ISBN-13: 9780876097489

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As energy industries produce ever more data, firms are harnessing greater computing power, advances in data science, and increased digital connectivity to exploit that data. These trends have the potential to transform the way energy is produced, transported, and consumed.

Clean Power Politics
Clean Power Politics

Author: Joseph P. Tomain

Publisher: Cambridge University Press

Published: 2017-02-17

Total Pages: 291

ISBN-13: 1107039177

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Clean Power Politics explains clean energy policy and the need for a successful transition to clean energy in the future.

Greenhouse Governance
Greenhouse Governance

Author: Barry G. Rabe

Publisher: Rowman & Littlefield

Published: 2010-09-01

Total Pages: 392

ISBN-13: 0815704658

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Public deliberation over climate change has traditionally been dominated by the natural and physical sciences. Is the planet warming? To what degree, and is mankind responsible? How big a problem is this, really? But concurrent with these debates is the question of what should be done. Indeed, what can be done? Issues of governance, including the political feasibility of certain policies and their capacity for implementation, have received short shrift in the conversation. But they absolutely must be addressed as we respond to this unprecedented challenge. Greenhouse Governance brings a much-needed public policy mindset to discussion of climate change in America. Greenhouse Governance features a number of America's preeminent public policy scholars, examining some aspect of governance and climate change. They analyze the state and influence of American public opinion on climate change as well as federalism and intergovernmental relations, which prove especially important since state and local governments have taken a more active role than originally expected. Specific policy issues examined include renewable electricity standards, mandating greater vehicle fuel economy, the "adaptation vs. mitigation" debate, emissions trading, and carbon taxes. The contributors do consider the scientific and economic questions of climate policy but place special emphasis on political and managerial issues. They analyze the role of key American government institutions including the courts, Congress, and regulatory agencies. The final two chapters put the discussion into an international context, looking at climate governance challenges in North America, relations with the European Union, and possible models for international governance. Contributors include Christopher Borick, Muhlenberg College; Martha Derthick, University of Virginia; Kirsten Engel, University of Arizona; Marc Landy, Boston College; Pietro Nivola, Brookings Institution; P

Reorganizing Government
Reorganizing Government

Author: Alejandro Camacho

Publisher: NYU Press

Published: 2019-08-27

Total Pages: 366

ISBN-13: 1479833290

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A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions—centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an “adaptive governance” infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself.