Regulation and the Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulation and the Courts write by R. Shep Melnick. This book was released on 2010-12-01. Regulation and the Courts available in PDF, EPUB and Kindle. In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
Regulation and the Courts
Regulation and the Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulation and the Courts write by R. Shep Melnick. This book was released on 1983. Regulation and the Courts available in PDF, EPUB and Kindle. In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole "the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that "court action has encouraged legislators and administrators to establish goals without considering how they canbe achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
Regulation and the Courts
Regulation and the Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulation and the Courts write by R. Shep Melnick. This book was released on 1983. Regulation and the Courts available in PDF, EPUB and Kindle.
Regulation Versus Litigation
Regulation Versus Litigation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulation Versus Litigation write by Daniel P. Kessler. This book was released on 2011-02. Regulation Versus Litigation available in PDF, EPUB and Kindle. The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
The Collapse of Constitutional Remedies
The Collapse of Constitutional Remedies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Collapse of Constitutional Remedies write by Aziz Z. Huq. This book was released on 2021. The Collapse of Constitutional Remedies available in PDF, EPUB and Kindle. "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
