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作者：Nielsen, Vibeke Lehmann; Parker, Christine
作者单位：Aarhus University; University of Melbourne
摘要：The policy ideals of responsive regulation have been developed on the basis of substantial empirical evidence. The overall formulation of responsive regulation theory itself, however, has rarely been empirically tested. This article sets out the theoretical concept of responsive regulation in the context of business regulation enforcement and discusses how we might operationalize and empirically measure it. We develop two alternative theoretical interpretations of responsive regulatory enforce...
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作者：Yackee, Jason Webb; Yackee, Susan Webb
作者单位：University of Wisconsin System; University of Wisconsin Madison; University of Wisconsin System; University of Wisconsin Madison; University of Wisconsin System; University of Wisconsin Madison
摘要：Despite paying a great deal of attention to the effects of divided government on legislative outputs, scholars of American politics have surprisingly ignored the potential impact of divided government on bureaucratic regulatory outputs. In this article we argue that divided government should reduce the volume of federal agency rulemaking. We test this hypothesis against a data set covering 21,000 rules from 1983 to 2005. Our study is one of the first to analyze the determinants of federal bure...
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作者：Sinden, Amy; Kysar, Douglas A.; Driesen, David M.
作者单位：Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University; Yale University; Syracuse University
摘要：New Foundations of Cost-Benefit Analysis, by Matthew Adler and Eric Posner, represents the most ambitious and credible effort to date to build a solid theoretical defense of the use of cost-benefit analysis (CBA) in evaluating government regulation. In this review, three cost-benefit skeptics offer their reactions to this ambitious and important book. We note its virtues - its humility, its scrupulousness, its open-mindedness. We also explore its vices. If preferences are to be laundered, is i...
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作者：Smith, Graham
作者单位：University of Manchester
摘要：By examining developments in England and Wales this article considers police reform in the context of the tension between operational independence and citizen oversight. The article assesses the nexus between regulation and accountability in order to shed light on how a bifurcated accountability paradigm has protected police autonomy. Particular significance is attached to the cold-blooded police shooting of an innocent man as a critical moment in the recent history of police governance. The l...
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作者：van Waarden, Frans; Hildebrand, Youri
作者单位：Utrecht University; Utrecht University
摘要：In 1997 Robert Kagan questioned whether European countries had to fear the coming of American style adversarial legalism. He answered this question with a qualified no. Today we are no longer so sure the answer is no, even in a country that Kagan considered the antipole of US adversarial legalism, the Netherlands, traditionally characterized by informal and consensual conflict resolution. In the present article we chart a trend of increasing juridification and legalism, that is, more formal an...
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作者：Rehder, Britta
作者单位：Max Planck Society
摘要：The US has a distinctive legal style, which Robert Kagan has called adversarial legalism. It is marked by a pattern of political decisionmaking and conflict resolution in which the courtrooms and the law are systematically exploited as political arenas for making and implementing political settlements and policy outlines. In this article it is argued that a German way of adversarial legalism is about to emerge in the German industrial relations system. Economic liberalization, the fragmentatio...
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作者：Cioffi, John W.
作者单位：University of California System; University of California Riverside
摘要：Recent reforms of corporate governance law and related litigation rules in the US and in Germany indicate that reports of the spread of adversarial legalism are greatly exaggerated. Politics and legislation in the US since the mid-1990s have turned quite decisively against shareholder litigation even as corporate governance and securities law reforms have expanded the role and scope of the regulatory state. Germany's extraordinary expansion of financial and corporate governance regulation sinc...
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作者：Sugarman, Stephen D.
作者单位：University of California System; University of California Berkeley
摘要：Performance-based regulation is a new approach to public health promotion. The aim of this article is to explain how this idea might be applied to the public health goal of reducing salt consumption as a way of reducing high blood pressure and thereby saving lives. Performance-based regulation is compared with competing regulatory strategies.
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作者：van Waarden, Frans
作者单位：Utrecht University
摘要：Twelve years ago, Robert Kagan asked Should Europe worry about adversarial legalism? He answered this question with a qualified no, and identified a number of sources of resistance to such a trend. More recently, he broadened the issue in this journal by asking whether European countries experience an Americanization of their legal systems. The articles in this Symposium on the Americanization of European Law all revisit that question. The present article introduces the topic, discusses the el...
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作者：Carruthers, Bruce G.
作者单位：Northwestern University
