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proper boundary constraints. By looking to corporations to internalize externalities directly, welfarism thus offers an alternative way to deal with social problems that the political system has failed to ... prescriptions will have only a limited impact. Second, the very lack of consensus that impedes political solutions reemerges under and constrains welfarism by generating disagreements among shareholders
efforts to support a declining cluster emerge from the ability of affected firms to coalesce, exercise political influence, and exploit fragmented municipal decision making to preserve the status quo ... Article addresses is why cities act in that manner. While multiple explanations might exist,3 I focus on a political economy story in which entrenched interests exploit the legal and structural elements of
mapping of lawyers' ideologies that has overcome these hurdles. We use a new dataset that links the largest database of political ideology with the largest database of lawyers' identities to complete the ... most extensive analysis of the political ideology of American lawyers ever conducted. - I N T R O D U C T I O N Presidents have been lawyers (Slater 2008) . Turning to state executive positions
governments has been minimal notwithstanding the OECD convention (Brewster 2014) . Collectively, these developments pose an intriguing political economy puzzle. The initial passage of the FCPA in the post ... secure more business opportunities as a result. A political equilibrium in Washington in which the economic interests of foreigners systematically win out over domestic interests seems mysterious. This
likely to happen, and although our present practices are deeply flawed, we should put in place a political and bureaucratic order to safeguard against a potential upheaval, and in the meantime slow down ... in cases that do not involve life-life tradeoffs, but rather where the primary harms imagined by precautionites a degradation of some ethical or political ideals, primarily of data privacy. And, third
legal sanctions, such that violating the Constitution or the law would entail tangible political, reputational, and social risks. Yet a raft of examples suggests, albeit not definitively, that violating ... violating the law qua law is not ordinarily subject to nonlegal sanctions. The electorate, the media, and most other potential sources of social and political sanctions reward good policy choices and sanction
, political risk analysis promises to allow a more intelligent description and evaluation of the major problems of public law. The category of second-order risks is capacious, and the political risks that ... principally concern constitutional rulemakers and other actors change over time. In literatures of development economics, contract law and (to some extent) constitutional law, one standard sense of political
concern).19 I do not find it obvious that a rule allowing the 15 There a pornographic magazine had published a parody advertisement, labeled as such, saying that the first time the prominent political ... ). These observations in turn suggest that we should be wary of associating rule-ification with a specific political tendency. (That point has been made in connection with the related distinction between
Spring INTRODUCTION: POLITICAL RISK AND PUBLIC LAW Adrian Vermeule - often spoken the prose of risk regulation without knowing it, offering arguments about constitutional and institutional design ... that implicitly posit second-order risks and offer institutional prescriptions for managing those risks. By bringing the analytic structure of those arguments to the surface, political risk analysis
such, saying that the “first time” the prominent political preacher Jerry Falwell had had intercourse was in a drunken incestuous encounter with his mother. Falwell, not his mother, filed the action. 16 ... rule-ification with a specific political tendency. (That point has been made in connection with the related distinction between rules and standards by, among others, Sullivan 1992.) Downloaded from
resources, the political mandate, or the (police) powers to do so. Taking collective action is difficult in global insurance markets. Nevertheless, as we describe and analyze in this article, insurers in some ... . Yet, there was public and political disquiet about this cozy coexistence of insurance and crime. In 1968, the UK government amended the Theft Act to insert a new Section 23 that outlawed rewards for
legal sanctions, such that violating the Constitution or the law would entail tangible political, reputational, and social risks. Yet a raft of examples suggests, albeit not definitively, that violating ... , that violating the law qua law is not ordinarily subject to nonlegal sanctions. The electorate, the media, and most other potential sources of social and political sanctions reward good policy choices
political process. This article examines the political risks, related to corruption and populism, of differing approaches to the problems of monopoly, externalities, and market breakdowns in asset insurance ... intervention would achieve, but in every case, it is difficult to assess the political risks that may distort any reform operation. Freddie Mac and Fannie Mae might be privatized with stern assurances that even
political process. This article examines the political risks, related to corruption and populism, of differing approaches to the problems of monopoly, externalities, and market breakdowns in asset insurance ... Spring THE POLITICAL RISKS OF FIGHTING MARKET FAILURES: SUBVERSION, POPULISM AND THE GOVERNMENT SPONSORED ENTERPRISES Edward L. Glaeser 0 0 Harvard University and NBER , Cambridge, MA , USA A B S
from cognitive psychology and philosophy, this article examines law’s aversion to overt calibration and explores what this says about the nature of law and legal decision-making. ... among agencies in their political makeup, their structure, the method by which their senior members are appointed, and the matters they are called up to decide. Failing to do so, Pildes argues, represents
Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion using a variety of ... substantial measure determining the content of the laws. Our most basic 4 5 Application of positive political theory to understanding the legislative process, particularly interacting with courts, include
The modern American administrative state is a regime of lawmaking by ad hoc managed democracy. It is the product of modern affluence and technology—which have reduced political transactions costs ... ? To what extent should agency policies be public and their decisions subject to judicial review? These questions produced several political and institutional divisions—between congressional leaders and
The modern American administrative state is a regime of lawmaking by ad hoc managed democracy. It is the product of modern affluence and technology—which have reduced political transactions costs ... and their decisions subject to judicial review? These questions produced several political and institutional divisions?between congressional leaders and the Roosevelt administration over legislative
Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion using a variety of ... political theory to understanding the legislative process, particularly interacting with courts, include: Cohen & Spitzer (1994), Eskridge and Ferejohn (1991) , Ferejohn and Weingast (1992), and Marks (2012
An experimental investigation into the real-time flow and control characteristics of a flying wing with articulated winglets is described in this paper. The philosophy of the concept centres around