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The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples
Today's China is governed by a new economic model that marks a radical break from the Mao and Deng eras; it departs fundamentally from both the East Asian developmental state and its own Communist past. It has not, however, adopted a liberal economic model. China has retained elements of statist control even though it has liberalized foreign direct investment more than any other developing country in recent years. This mode of global economic integration reveals much about China’s state capacity and development strategy, which is based on retaining government control over critical sectors while meeting commitments made to the World Trade Organization. In China's Regulatory State, Roselyn Hsueh demonstrates that China only appears to be a more liberal state; even as it introduces competition and devolves economic decisionmaking, the state has selectively imposed new regulations at the sectoral level, asserting and even tightening control over industry and market development, to achieve state goals. By investigating in depth how China implemented its economic policies between 1978 and 2010, Hsueh gives the most complete picture yet of China's regulatory state, particularly as it has shaped the telecommunications and textiles industries. Hsueh contends that a logic of strategic value explains how the state, with its different levels of authority and maze of bureaucracies, interacts with new economic stakeholders to enhance its control in certain economic sectors while relinquishing control in others. Sectoral characteristics determine policy specifics although the organization of institutions and boom-bust cycles influence how the state reformulates old rules and creates new ones to maximize benefits and minimize costs after an initial phase of liberalization. This pathbreaking analysis of state goals, government-business relations, and methods of governance across industries in China also considers Japan’s, South Korea’s, and Taiwan’s manifestly different approaches to globalization.
Political scientist Samuel DeCanio examines how political elites used high levels of voter ignorance to create a new type of regulatory state with lasting implications for American politics. Focusing on the expansion of bureaucratic authority in late-nineteenth-century America, DeCanio’s exhaustive archival research examines electoral politics, the Treasury Department’s control over monetary policy, and the Interstate Commerce Commission’s regulation of railroads to examine how conservative politicians created a new type of bureaucratic state to insulate policy decisions from popular control.
For the first two thirds of the twentieth century, British government was among the most stable in the advanced industrial world. In the last three decades, the governing arrangements have been in turmoil and the country has been a pioneer in economic reform, and in public sector change. Inhis major new book, Michael Moran examines and explains the contrast between these two epochs. What turned Britain into a laboratory of political innovation? Britain became a formal democracy at the start of the twentieth century but the practice of government remained oligarchic. From the 1970sthis oligarchy collapsed under the pressure of economic crisis. The British regulatory state is being constructed in its place. Moran challenges the prevailing view that this new state is liberal or decentralizing. Instead he argues that it is a new, threatening kind of interventionist statewhich is colonizing, dominating, and centralizing hitherto independent domains of civil society. The book is essential reading for all those interested in British political development and in the nature and impact of regulation
Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger.
Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.
"Regulation by public and private organizations can be hijacked by special interests or small groups of powerful firms, and nowhere is this easier than at the global level ... This is the first book to examine systematically how and why such hijacking or 'regulatory capture' happens, and how it can be averted."--P. [iv] of cover.
By reviewing regulatory initiatives in health financing, service provision, pharmaceutical sector and public health, this book attempts to connect recent research with policy developments in the Chinese health-care system. While there are a small number of studies on the regulations in the Chinese health-care system, this book contributes to the literature in three ways. First, a review of the recent developments in the Chinese health-care system illustrates that the capacity and incentives of the regulatory agencies matter in the implementation and enforcement of the regulations. Second, this book also shows that some institutional arrangements in the Chinese context are particularly important for configuring the capacity and incentives of the regulatory system. Third, this book lays out the mechanisms for the regulatory reform of the Chinese health-care system.
Regulation has become a front-page topic recently, often referenced by politicians in conjunction with the current state of the U.S. economy. Yet despite regulation’s increased presence in current politics and media, The Politics of Regulatory Reform argues that the regulatory process and its influence on the economy is misunderstood by the general public as well as by many politicians. In this book, two experienced regulation scholars confront questions relevant to both academic scholars and those with a general interest in ascertaining the effects and importance of regulation. How does regulation impact the economy? What roles do politicians play in making regulatory decisions? Why do politicians enact laws that require regulations and then try to hamper agencies abilities to issue those same regulations? The authors answer these questions and untangle the misperceptions behind regulation by using an area of regulatory policy that has been underutilized until now. Rather than focusing on the federal government, Shapiro and Borie-Holtz have gathered a unique dataset on the regulatory process and output in the United States. They use state-specific data from twenty-eight states, as well as a series of case studies on regulatory reform, to question widespread impressions and ideas about the regulatory process. The result is an incisive and comprehensive study of the relationship between politics and regulation that also encompasses the effects of regulation and the reasons why regulatory reforms are enacted.