"Regulatory Bargaining and Public Law" by Jim Rossi
CаmUni Press | 2005 | ISBN: 0511344783 0521838924 113944414X 9780511344787 9780511345463 | 290 pages | PDF | 7 MB
This text explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries such as electric power and telecommunications.
Leading media accounts blame deregulated markets for failures in competitive restructuring policies. However, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets.
The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents fresh opportunities and challenges for public law.
The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process.
The book presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.
Contents Preface
Acknowledgments
1 The Scope of Regulatory Bargaining
I Distinguishing Political Failure from Market Failure
II Limits of the Legalistic Turn for Bargaining Accounts of Regulation
III Regulatory Law as an Incomplete Bargain
Part I: Extending Incomplete Bargains from the Economics of the Firm to Public Governance
2 Regulatory Bargaining and the Stability of Natural Monopoly Regulation
3 The Incompleteness of Regulatory Law: Moving Beyond the "Small World" of Natural Monopoly Regulation
4 Refin(anc)ing Retail Service Obligations for the Competitive Environment
Part II: Incomplete Regulatory Bargains, Institutions, and the Role of Judicial Review in Deregulated Industries
5 Deregulatory Takings and Regulatory Bargaining
6 Incomplete Regulatory Tariffs and Judicial Enforcement
7 Bargaining in Decentralized Lawmaking
8 Overcoming Federal-State Bargaining Failures
9 Conclusion: Incomplete Regulatory Bargaining and the Lessons for Judicial Review
References
Index of Primary Legal Authorities
Cases
Subject Index
with TOC BookMarkLinks
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