Regulation AND Governance

最新文章

• Cost-benefit analysis: New foundations on shifting sand AI翻译
  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...
• Citizen oversight of independent police services: Bifurcated accountability, regulation creep, and lesson learning AI翻译
  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...
• From corporatism to lawyocracy? On liberalization and juridification AI翻译
  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...
• Adversarial legalism in the German system of industrial relations? AI翻译
  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...
• Adversarialism versus legalism: Juridification and litigation in corporate governance reform AI翻译
  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...
• Salt, high blood pressure, and performance-based regulation AI翻译
  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.
• Power to the legal professionals: Is there an Americanization of European law? AI翻译
  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...
• Can social science numbers save public policy from politics? AI翻译
  作者：Carruthers, Bruce G.
  作者单位：Northwestern University
• Reply to the comments on The devaluation of life AI翻译
  作者：Viscusi, W. Kip
  作者单位：Vanderbilt University
• The German Gemeinwirtschaftslehre: Implications for modern nonprofit economics AI翻译
  作者：Valentinov, Vladislav
  作者单位：Leibniz Association; Leibniz Institut fur Agrarentwicklung in Transformationsokonomien (IAMO)
  摘要：This article examines the way modern nonprofit economics can be informed by the Gemeinwirtschaftslehre, a strand of public and nonprofit economics that was popular in German-speaking countries until the 1980s. Despite its present decline, the Gemeinwirtschaftslehre yields a valuable implication that nonprofit firms address market failure by supplanting the pecuniary entrepreneurial motivation with a nonpecuniary one. In this article, this implication is used to reconsider two central and contr...