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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
The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
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
? needs used within the political debate may be featured as a homogeneous concept, the legal traditions that need to host victim-oriented arrangements differ. Indeed, the apparent political consensus with ... Victim Support was, however, felt to be beneficial.41 Nevertheless, the expansion of the oral VIS remained a contentious issue within the Dutch debate. In the wake of the political debate with regard to
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
If architecture is politics, then the rise of data-driven computing systems will transform the course, if not the conditions of possibility for the political. Provoked by the work of artists Ruti ... Toronto Law Journal, no. 2, pp. 196-224. R. Sela & M. Amir (eds.), Extraterritorialities in Occupied Worlds (2016). The distinction between 'politics' and 'the political' stems from C. Lefort, The Political
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
