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This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
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.
This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government. These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess. Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity. This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.
A "Bar Association number" issued annually in Oct.; in v. 1-18, this no. contains Proceedings of the 42nd-59th annual sessions, 1923-1940 of the Texas Bar Association; in v. 18-26 contains Proceedings of the 1st-9th annual meetings, 1940-1948 of the State Bar of Texas.
This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.
This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.
In this timely book, Rob Frieden points out the myriad ways the United States has fallen behind other countries in telecommunications. Despite the appearance of robust competition and entrepreneurism in U.S. telecom markets, there is very little of either. Because of an inattentive Congress and a misguided Federal Communications Commission unwilling to confront real problems, industry incumbents have been able to earn healthy profits while keeping the United States in the backwaters of Internet-based information, communication, and entertainment markets. At every turn regulators have tipped the scales in favor of large established companies, creating an environment that stifles innovation. As a consequence, Americans are stuck with relatively slow connectivity and with equipment that lacks features that have been standard in other countries for years. In telecommunications, the United States is a little like a third world country that is developing under a crushing bureaucracy without recognizing that the rest of the world has passed it by. Frieden shows how failure can intrude on the ability of the United States to compete and suggests how to restore its competitiveness.--Publisher's description.