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| breaking the vicious circle breyer: Breaking the Vicious Circle Stephen Breyer, 1995-03-15 Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources. |
| breaking the vicious circle breyer: Understanding Regulation Robert Baldwin, Martin Cave, Martin Lodge, 2012 An introduction to the practical and theoretical issues that are central to the study of regulation, which a particular focus on contested areas and how they are dealt with. |
| breaking the vicious circle breyer: Breaking the Vicious Circle Stephen Breyer, 1995-03-15 Supreme Court Justice Stephen Breyer explores three generic difficulties plaguing efforts to reduce health risks and sets out a proposal for a new administrative entity to develop a coherent regulatory system adaptable for use in different risk-related programs—a mission-oriented, independent agency commanding significant prestige and authority. |
| breaking the vicious circle breyer: Practical Environmental Ethics A. Pablo Iannone, 2017-07-12 This essential volume for professionals and academics proposes a new approach to environmental ethics and to environmental policymaking in particular. All too frequently, policy makers focus only on what ends should ideally be pursued, ignoring whether the means have any negative unintended consequences. Such approaches tend to have a focus on consequentialist, deontological, virtue-cantered, or care-based theories which makes them too singularly-minded. They are not suitable for dealing with the complexities of life and, especially, environmental policy making. Practical Environmental Ethics distinguishes between cases in which entire ecosystems are at risk, threatening entire societies where collective consequences take precedence and cases in which whole ecosystems are not at risk where individual rights or duties take precedence. In doing this, Iannone discusses environmental controversies not only philosophically, but in the complex contexts at work within policy-making and decision-making communities. This allows for consideration of crucial concepts used in morality, biology, technology, business, economics, politics, and philosophy. Relying on numerous actual environmental cases, Iannone helps formulate realistic ways of logically and ethically determining how environmental controversies should be addressed. Ultimately, he proposes solutions that policy makers and anyone interested in this topic may utilize to clarify environmental issues and determine how to best deal with them for the greater good. |
| breaking the vicious circle breyer: Nomination of Stephen G. Breyer to be an Associate Justice of the Supreme Court of the United States United States. Congress. Senate. Committee on the Judiciary, 1995 Distributed to some depository libraries in microfiche. |
| breaking the vicious circle breyer: Megaregulation Contested Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Atsushi Sunami, Thomas Streinz, 2019 The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents. |
| breaking the vicious circle breyer: Regulation and Its Reform Stephen Breyer, 1982-01-12 On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject. |
| breaking the vicious circle breyer: Managing the Commons, Second Edition John A. Baden, Douglas S. Noonan, 1998-04-22 Garrett Hardin's seminal essay The Tragedy of the Commons appeared in 1968 and has been at the center of the debate on commonly owned ground or resources such as Western public grazing or the oceans. This is the second edition of a book exploring the issues raised in Hardin's essay. As scarce resources are increasingly strained. It is ever more crucial to identify those resources which are held in common and are therefore prone to tragic waste and abuses. The essay in this volume focus on alternate institutional approaches to managing these resources to prevent such tragedy. |
| breaking the vicious circle breyer: The Commanding Heights Daniel Yergin, Joseph Stanislaw, 2002-06-15 The Commanding Heights is about the most powerful political and economic force in the world today -- the epic struggle between government and the marketplace that has, over the last twenty years, turned the world upside down and dramatically transformed our lives. Now, the Pulitzer Prize-winning author of The Prize joins with a leading expert on the new marketplace to explain the revolution in ideas that is reshaping the modern world. Written with the same sweeping narrative power that made The Prize an enormous success, The Commanding Heights provides the historical perspective, the global vision, and the insight to help us understand the tumult of the past half century. Trillions of dollars in assets and fundamental political power are changing hands as free markets wrest control from government of the commanding heights -- the dominant businesses and industries of the world economy. Daniel Yergin and Joseph Stanislaw demonstrate that words like privatization and deregulation are inadequate to describe the enormous upheaval that is unfolding before our eyes. Along with the creation of vast new wealth, the map of the global economy is being redrawn. Indeed, the very structure of society is changing. New markets and new opportunities have brought great new risks as well. How has all this come about? Who are the major figures behind it? How does it affect our lives? The collapse of the Soviet Union, the awesome rise of China, the awakening of India, economic revival in Latin America, the march toward the European Union -- all are a part of this political and economic revolution. Fiscal realities and financial markets are relentlessly propelling deregulation; achieving a new balance between government and marketplace will be the major political challenge in the coming years. Looking back, the authors describe how the old balance was overturned, and by whom. Looking forward, they explore these questions: Will the new balance prevail? Or does the free market contain the seeds of its own destruction? Will there be a backlash against any excesses of the free market? And finally, The Commanding Heights illuminates the five tests by which the success or failure of all these changes can be measured, and defines the key issues as we enter the twenty-first century. The Commanding Heights captures this revolution in ideas in riveting accounts of the history and the politics of the postwar years and compelling tales of the astute politicians, brilliant thinkers, and tenacious businessmen who brought these changes about. Margaret Thatcher, Donald Reagan, Deng Xiaoping, and Bill Clinton share the stage with the Minister of Thought Keith Joseph, the broommaker's son Domingo Cavallo, and Friedrich von Hayek, the Austrian economist who was determined to win the twenty-year battle of ideas. It is a complex and wide-ranging story, and the authors tell it brilliantly, with a deep understanding of human character, making critically important ideas lucid and accessible. Written with unique access to many of the key players, The Commanding Heights, like no other book, brings us an understanding of the last half of the twentieth century -- and sheds a powerful light on what lies ahead in the twenty-first century. |
| breaking the vicious circle breyer: Power to the People Mark Tushnet, Bojan Bugaric, 2021-11-22 Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism. |
| breaking the vicious circle breyer: Environmental Health Policy David Ball, 2006-12-16 Understanding Public Health Series Editors: Nick Black and Rosalind Raine There is an increasing global awareness of the inevitable limits of individual health care and of the need to complement such services with effective public health strategies. Understanding Public Health is an innovative series of twenty books, published by Open University Press in collaboration with the London School of Hygiene and Tropical Medicine. It provides self-directed learning covering the major issues in public health affecting low, middle and high income countries. The series is aimed at those studying public health, either by distance learning or more traditional methods, as well as public health practitioners and policy makers. ENVIRONMENTAL HEALTH POLICY Environmental health policy occupies a prominent position on both local and global agendas as old and new challenges confront the human race. There is a continual requirement for policies which will deal effectively with a seemingly never-ending supply of hazards which impinge on health and wellbeing. This book provides a multidisciplinary window onto environmental policy and its formulation. From this you will observe both order which exists at the centre, and controversies around the borders. This book considers: Key threats to human health from the physical environment Policies that might be pursued to minimise those risks How risks can be identified and quantified How such information can be communicated to the public How health impact assessments can be carried out How risks can be managed and regulated |
| breaking the vicious circle breyer: The Politics of Precaution David Vogel, 2012-04-29 The Politics of Precaution examines the politics of consumer and environmental risk regulation in the United States and Europe over the last five decades, explaining why America and Europe have often regulated a wide range of similar risks differently. It finds that between 1960 and 1990, American health, safety, and environmental regulations were more stringent, risk averse, comprehensive, and innovative than those adopted in Europe. But since around 1990, the book shows, global regulatory leadership has shifted to Europe. What explains this striking reversal? David Vogel takes an in-depth, comparative look at European and American policies toward a range of consumer and environmental risks, including vehicle air pollution, ozone depletion, climate change, beef and milk hormones, genetically modified agriculture, antibiotics in animal feed, pesticides, cosmetic safety, and hazardous substances in electronic products. He traces how concerns over such risks--and pressure on political leaders to do something about them--have risen among the European public but declined among Americans. Vogel explores how policymakers in Europe have grown supportive of more stringent regulations while those in the United States have become sharply polarized along partisan lines. And as European policymakers have grown more willing to regulate risks on precautionary grounds, increasingly skeptical American policymakers have called for higher levels of scientific certainty before imposing additional regulatory controls on business. |
| breaking the vicious circle breyer: S. 981, the Regulatory Improvement Act of 1997 United States. Congress. Senate. Committee on Governmental Affairs, 1998 |
| breaking the vicious circle breyer: Regulatory Reform United States. Congress. Senate. Committee on Governmental Affairs, United States. Congress. Senate. Committee on Government Operations, 1996 |
| breaking the vicious circle breyer: Taming Regulation Robert T. Nakamura, Thomas W. Church, 2003-10-27 Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met. Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached. The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools. Taming Regulation provides a cautionary discussion of both the necessity and the difficulty of regulatory reform. It is essential reading for students of regulation and environmental policy, for practitioners contemplating reform of ongoing regulatory programs, and for those interested in the checkered history of Superfund. |
| breaking the vicious circle breyer: Rights Robin West, 2017-03-02 Rights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition. |
| breaking the vicious circle breyer: The Global Environment and World Politics Elizabeth R. DeSombre, 2007-06-01 Environmental issues are increasingly important factors in world politics - just think of the intense speculation over the climate change discussions at the forthcoming G8 summit. The study of global environmental politics draws on a variety of academic traditions. It uses international relations theory to look at the concerns and actions of states, but has also had to find a variety of new concepts and perspectives in order to explain issues unique to the study of the environment. Here, DeSombre examines four important aspects of the field: international environmental cooperation; the relationship between the environment and security; the issues of science, uncertainty and risk; and the role of non-state actors. In the second half of the book she examines these issues through the use of case studies on specific problems facing the global environment, including global change, the politics of whaling, the protection of Amazonian biodiversity and acid rain in Europe and North America. |
| breaking the vicious circle breyer: Democracy and Political Ignorance Ilya Somin, 2016-06-15 One of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. The second edition of Democracy and Political Ignorance fully updates its analysis to include new and vital discussions on the implications of the Big Sort for politics, the link between political ignorance and the disproportionate political influence of the wealthy, assessment of proposed new strategies for increasing political knowledge, and up-to-date survey data on political ignorance during recent elections. Ilya Somin mines the depths of the current state of ignorance in America and reveals it as a major problem for democracy. He weighs various options for solving this problem, provocatively arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. People make better decisions when they have stronger incentives to acquire relevant information—and to use it wisely. |
| breaking the vicious circle breyer: Eco-pragmatism Daniel A. Farber, 2000-05 Eco-pragmatism takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope (or even the existence) of environmental problems. Farber discusses whether (and how) we should discount the values of future environmental benefits, how we should use economic measurements of environmental values, and how we can streamline the regulatory process to respond to rapidly changing scientific knowledge. The result is a pragmatic decision-making framework that is flexible enough to accommodate the unique challenges each case presents. |
| breaking the vicious circle breyer: Public Health Law and Ethics Lawrence O. Gostin, 2010-06-02 Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy. |
| breaking the vicious circle breyer: Encyclopedia of American Civil Liberties Paul Finkelman, 2013-11-07 This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today. |
| breaking the vicious circle breyer: Handbook on the Politics of Regulation David Levi-Faur, 2011-01-01 'Political science has leap-frogged law, economics, and sociology to become the dominant discipline contributing to regulatory studies. David Levi-Faur's volume taps the rich veins of regulatory scholarship that have made this the case. It brings together the talented new network of politics scholars intrigued by the importance of the changing nature of state and non-state regulation. Their fresh insights complement important new work by established stars of the field. Definitely a book to have on your shelf when in search of exciting theoretical approaches to politics.' – John Braithwaite, Australian National University 'Regulation, in its manifold forms, is the central process of contemporary governance, as it seeks to blend the dynamism of market economies with responsiveness to political and normative demands for health, safety, environmental protection, and fairness. Understanding regulation's varieties, vulnerabilities, and virtues has become a significant focus of academic research and theory. This volume provides an extraordinary survey of research in that field – a survey remarkable in its comprehensiveness, outstanding in the quality of the contributions by leading regulatory scholars from different nations and academic disciplines.' – Robert A. Kagan, University of California, Berkeley, US 'An authoritative collection by a range of contributors with outstanding reputations in the field.' – Michael Moran, WJM Mackenzie Professor of Government 'This is an extraordinarily useful one-stop-shop for a wide range of traditions and approaches to the political aspects of regulation. David Levi-Faur has assembled a fine collection that by reporting on the state of the art also shows the way ahead for a discipline that has to capture and explain dramatic changes in real-world regulatory philosophies and policies.' – Claudio Radaelli, University of Exeter, UK 'This is an unusually impressive edited volume. Its contributors include the leading academic experts on government regulation from around the world. Its several clearly-written and informative essays address the most important topics, issues, and debates that have engaged students of regulatory politics. I strongly recommend this volume to anyone interested in understanding the breadth and depth of contemporary scholarship on the political dimensions of regulation.' – David Vogel, University of California, Berkeley, US This unique Handbook offers the most up-to-date and comprehensive, state-of-the-art reviews of the politics of regulation. It presents and discusses the core theories and concepts of regulation in response to the rise of the regulatory state and regulatory capitalism, and in the context of the 'golden age of regulation'. Its ten sections include forty-nine chapters covering issues as diverse and varied as: theories of regulation; historical perspectives on regulation; regulation of old and new media; risk regulation, enforcement and compliance; better regulation; civil regulation; European regulatory governance; and global regulation. As a whole, it provides an essential point of reference for all those working on the political, social, and economic aspects of regulation. This comprehensive resource will be of immense value to scholars and policymakers in numerous fields and disciplines including political science, public policy and administration, international relations, regulation, international law, business and politics, European studies, regional studies, and development studies. |
| breaking the vicious circle breyer: How Safe is Safe Enough? United States. Congress. House. Committee on Science, Space, and Technology. Subcommittee on Investigations and Oversight, 1994 |
| breaking the vicious circle breyer: Routledge Revivals: Encyclopedia of American Civil Liberties (2006) Paul Finkelman, 2018-02-05 Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students. |
| breaking the vicious circle breyer: The Promise and Peril of Environmental Justice Christopher H. Foreman, 2011-02-01 Are we environmentally victimizing, perhaps even poisoning, our minority and low-income citizens? Proponents of environmental justice assert that environmental decisionmaking pays insufficient heed to the interests of those citizens, disproportionately burdens their neighborhoods with hazardous toxins, and perpetuates an insidious environmental racism. In the first book-length critique of environmental justice advocacy, Christopher Foreman argues that it has cleared significant political hurdles but displays substantial limitations and drawbacks. Activism has yielded a presidential executive order, management reforms at the Environmental Protection Agency, and numerous local political victories. Yet the environmental justice movement is structurally and ideologically unable to generate a focused policy agenda. The movement refuses to confront the need for environmental priorities and trade-offs, politically inconvenient facts about environmental health risks, and the limits of an environmental approach to social justice. Ironically, environmental justice advocacy may also threaten the very constituencies it aspires to serve--distracting attention from the many significant health hazards challenging minority and disadvantaged populations. Foreman recommends specific institutional reforms intended to recast the national dialogue about the stakes of these populations in environmental protection. |
| breaking the vicious circle breyer: Reducing Unnecessary and Costly Red Tape Through Smarter Regulation United States. Congress. Joint Economic Committee, 2013 |
| breaking the vicious circle breyer: Harvard Law Review: Volume 128, Number 1 - November 2014 Harvard Law Review, 2014-11-10 The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: The Means of Constitutional Power, by John F. Manning • Comment: Slipping the Bonds of Federalism, by Heather K. Gerken • Comment: The Supreme Court as a Constitutional Court, by Jamal Greene • Comment: The Hobby Lobby Moment, by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2013 Term includes recent cases on: content neutrality under the First Amendment; compelled subsidized speech; free speech and contribution limits; legislative prayer and the establishment of religion; search and seizure law as to anonymous tips, cellphones, and cotenant consent; equal protection and political process; right to counsel; Eighth Amendment issues for intellectually impaired defendants; standing and jurisdiction; class actions; tribal immunity; the Clean Air Act; immigration of children; misrepresentation of buyer and gun control law; and copyright law's Transmit Clause. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications. The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Stephen G. Breyer and his notable contributions to law and the Supreme Court. The essays are written by scholars Martha Minow, Martha Field, Cass Sunstein, Richard Fallon, Michael Klarman, Todd Rakoff, Joseph Singer, John Manning, Laurence Tribe, I. Glenn Cohen, and Mark Tushnet. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2014, the first issue of academic year 2014-2015 (Volume 128). |
| breaking the vicious circle breyer: The Vote Cass R. Sunstein, Richard A. Epstein, 2001-10 The contributors to this volume were highly visible in the national media while the controversy raged, and here they present fully fleshed-out arguments for the positions they promoted on the airwaves. Readers should find in The Vote equally impassioned defences for and indictments of the Court's actions, and they should come to understand the practical and theoretical implications of the Court's ruling in the realms of both law and politics. No doubt a spate of books will appear on the 2000 presidential election, but none will claim as distinguished a roster of contributors better qualified to place these recent events in their appropriate historical, legal and political contexts. |
| breaking the vicious circle breyer: Military Law Review , 1996 |
| breaking the vicious circle breyer: Congressional Record United States. Congress, 1994 |
| breaking the vicious circle breyer: Comparing Environmental Risks J. Clarence Davies, 2014-04-04 The budgetary squeeze of the 1990s has made it obvious that the government cannot address every possible environmental problem. Comparative risk assessment (CRA) is increasingly advanced as the means for setting realistic priorities. RFF's Center for Risk Management commissioned background papers from leading experts on CRA for a meeting with federal regulatory officials. Comparing Environmental Risks presents the revised papers of this workshop. Representing the state of the art on programmatic CRA, its methodological analyses and practical recommendations will be invaluable to government officials, independent analysts, and anyone studying environmental policy. |
| breaking the vicious circle breyer: An Economic Analysis of Public Law George Dellis, 2021-03-26 This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately. |
| breaking the vicious circle breyer: Public Opinion and the Rehnquist Court Thomas R. Marshall, 2009-01-01 Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions. |
| breaking the vicious circle breyer: Controlling Technocracy Gregory E. McAvoy, 1999-11-01 Disputes over hazardous waste sites usually are resolved by giving greater weight to expert opinion over public not-in-my-back-yard reactions. Challenging the assumption that policy experts are better able to discern the general welfare, Gregory E. McAvoy here proposes that citizen opinion and democratic dissent occupy a vital, constructive place in environmental policymaking. McAvoy explores the issues of citizen rationality, the tension between democracy and technocracy, and the link between public opinion and policy in the case of an unsuccessful attempt to site a hazardous waste facility in Minnesota. He shows how the site was defeated by citizens who had reasonable doubts over the need for the facility. Offering a comprehensive look at the policymaking process, McAvoy examines the motivations of public officials, the resources they have for shaping opinion, the influence of interest groups, and the evolution of waste reduction programs in Minnesota and other states. Integrating archival material, interviews, and quantitative survey data, he argues that NIMBY movements can bring miscalculations to light and provide an essential check on policy experts' often partisan views. This book will be of value to those who work or study in the fields of hazardous waste policy, facility siting, environmental policy, public policy, public administration, and political science. |
| breaking the vicious circle breyer: If Only We Knew John Willinsky, 2002-05-03 In If Only We Knew John Willinsky uses current social issues and historical precedents to demonstrate that the social sciences can and should contribute far more to public knowledge than they have in the past. We have the technologies, Willinsky demonstrates, and need only the determination to create a public resource out of social research that can extend democratic participation and self-determination, as well as improve research's focus and public support. If Only We Knew offers examples of why and how this is not only possible but necessary, in the face of knowledge-based economies and a withering public sector. This book inspires the public to demand far more of research; it also shows researchers how to deliver far more of knowledge's value to the public. |
| breaking the vicious circle breyer: Thinking in Circles About Obesity Tarek K. A. Hamid, 2009-09-22 Today’s children may well become the first generation of Americans whose life expectancy will be shorter than that of their parents. The culprit, public health experts agree, is obesity and its associated health problems. Heretofore, the strategy to slow obesity’s galloping pace has been driven by what the philosopher Karl Popper calls ‘‘the bucket theory of the mind. ’’ When minds are seen as containers and public understanding is viewed as being a function of how many scientific facts are known, the focus is naturally on how many scientific facts public minds contain. But the strategy has not worked. Despite all the diet books, the wide availability of reduced-calorie and reduced-fat foods, and the broad publicity about the obesity problem, America’s waistline continues to expand. It will take more than food pyramid images or a new nutritional guideline to stem obesity’s escalation. Albert Einstein once observed that the significant problems we face cannot be solved at the same level of thinking we were at when we created them, and that we would have to shift to a new level, a deeper level of thinking,tosolvethem. Thisbookarguesfor,andpresents,adifferent perspective for thinking about and addressing the obesity problem: a systems thinking perspective. While already commonplace in engineering and in business, the use of systems thinking in personal health is less widely adopted. Yet this is precisely the setting where complexities are most problematicandwherethestakesarehighest. |
| breaking the vicious circle breyer: The Supreme Court of the United States United States. Congress. Senate. Committee on the Judiciary, 1977 |
| breaking the vicious circle breyer: Administrative Law and Politics Christine B. Harrington, Lief H. Carter, 2014-09-02 In the Fifth Edition of Administrative Law and Politics, authors Christine B. Harrington and Leif H. Carter show the scope and power of administrative government and demonstrate how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system. |
| breaking the vicious circle breyer: The Application of the Precautionary Principle in Practice Joakim Zander, 2010-08-19 This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses. |
| breaking the vicious circle breyer: Targeting in Social Programs Peter H. Schuck, Richard J. Zeckhauser, 2007-08-29 Should chronically disruptive students be allowed to remain in public schools? Should nonagenarians receive costly medical care at taxpayer expense? Who should be first in line for kidney transplants—the relatively healthy or the severely ill? In T argeting in Social Programs , Peter H. Schuck and Richard J. Zeckhauser provide a rigorous framework for analyzing these and other difficult choices. Many government policies seek to help unfortunate, often low-income individuals—in other words, bad draws. These efforts are frequently undermined by poor targeting, however. In particular, when two groups of bad draws—bad bets and bad apples—are included in social welfare programs, bad policies are likely to result. Many politicians and policymakers prefer to sweep this problem under the rug. But the costs of this silence are high. Allocating resources to bad bets and bad apples does more than waste money—it also makes it harder to achieve substantive goals, such as the creation of safe and effective schools. And perhaps most important, it erodes support for public programs on which many good bets and good apples rely. By training a spotlight on these issues, Schuck and Zeckhauser take a first step toward much-needed reforms. They dissect the challenges involved in defining bad bets and bad apples and discuss the safeguards that any classification process must provide. They also examine three areas where bad apples and bad bets loom large—public schools, public housing, and medical care—and propose policy changes that could reduce the problems these two groups pose. This provocative book does not offer easy answers, but it raises questions that no one with an interest in policy effectiveness can afford to ignore. By turns incisive and probing, Bad Draws will generate vigorous debate. |
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Iran’s air defenses were diminished in rounds of conflict, giving Israel greater aerial freedom. ‘Life feels like it is on hold’: Some Iranians brace for a long fight. The push to do a deal on the...
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Doctors in India say 270 bodies have been recovered from the site of Thursday's plane crash in Ahmedabad. Dmitriy Kurashov is the first Russian soldier to stand trial in Ukraine over a …
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3 days ago · Coverage of breaking stories, national and world news, politics, business, science, technology, and extended coverage of major national and world events. Vance Luther Boelter, …
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Go to NBCNews.com for breaking news, videos, and the latest top stories in world news, business, politics, health and pop culture.
Associated Press News: Breaking News, Latest Headlines and ...
Read the latest headlines, breaking news, and videos at APNews.com, the definitive source for independent journalism from every corner of the globe.
The New York Times - Breaking News, US News, World News …
Iran’s air defenses were diminished in rounds of conflict, giving Israel greater aerial freedom. ‘Life feels like it is on hold’: Some Iranians brace for a long fight. The push to do a deal on the...
CBS News | Breaking news, top stories & today's latest headlines
CBS News offers breaking news coverage of today's top headlines. Stay informed on the biggest new stories with our balanced, trustworthy reporting.
BBC Home - Breaking News, World News, US News, Sports ...
Doctors in India say 270 bodies have been recovered from the site of Thursday's plane crash in Ahmedabad. Dmitriy Kurashov is the first Russian soldier to stand trial in Ukraine over a …
Your briefing
Comprehensive up-to-date news coverage, aggregated from sources all over the world by Google News.
News: U.S. and World News Headlines : NPR
3 days ago · Coverage of breaking stories, national and world news, politics, business, science, technology, and extended coverage of major national and world events. Vance Luther Boelter, …
Fox News - Breaking News Updates | Latest News Headlines ...
Latest Current News: U.S., World, Entertainment, Health, Business, Technology, Politics, Sports.
