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The Political Economy of Competition Law in China
by Wendy NgThe Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
The Political Economy of Corruption (Routledge Frontiers of Political Economy)
by Sudipta Sarangi Ajit Mishra Chandan Kumar JhaCorruption, commonly defined as the misuse of public office for private gains, is multifaceted, multidimensional and ubiquitous. This edited collection, featuring contributions from leading scholars in the field of corruption, goes beyond the standard enforcement framework wherein individuals only compare the expected costs and benefits of a corrupt act. These chapters explore the political-cultural contexts, legal and regulatory process and, above all, moral and psychological factors in attempts to understand and explain corruption. The book explores a broad canvas where gender, technology, culture and institutional structures influence attitudes towards corruption. Design and implementation of anti-corruption strategies benefit from suitable identification of these factors contributing to the prevalence and persistence of corruption. Combining theoretical and empirical studies with evidence from experiments as well as case studies, the book provides crucial state of the art in corruption research in a highly accessible manner. This book serves as a vital reference to students and scholars in economics, politics and development studies. Additionally, policymakers and development practitioners can use the insights from this book in successful design and implementation of anti-corruption policies.
The Political Economy of Desire: International Law, Development and the Nation State
by Jennifer BeardContaining the best interdisciplinary work in international law, this book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist ‘development’. Putting forth ground-breaking arguments and challenging the traditional boundaries of thinking about the concept of development and underdevelopment, it provides readers with a new perspective on the West's relationship with the rest of the world. With Jennifer Beard’s departure from the common position that development and underdevelopment are conceptual outcomes of the Imperialist era, The Political Economy of Desire positions the genealogy of development within early Christian writings in which the Western theological concepts of sin, salvation and redemption are expounded. Drawing upon legal theory, anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies the author explores: the link between the writings of early theologians and the processes of modern identity formation – tracing the concept of development to a particularly Christian dynamic how the promise of salvation continues to influence Western ontology. An innovative and topical work, this volume is an essential read for those interested in international law and socio-legal theory.
The Political Economy of Financial Regulation (International Corporate Law and Financial Market Regulation)
by Emilios Avgouleas David C. DonaldThis collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. The book's authors range from global leaders to rising stars in the field, all of whom shed light on complex questions of financial sector regulation theory and practice in key economies ranging from the EU to China. Key topics include the role of law in constituting financial markets, the efficiency of markets, the role of interest groups in shaping financial regulation, the interdependence and interactions of international financial regulation with international trade and monetary regimes, and problems of regulation in state capitalism economies. This exciting volume opens the road for further enrichment of the academic and policy-making dialogue on financial regulation and regulatory practice, and reflects new trends in legal and social-science scholarship.
The Political Economy of Government Auditing: Financial Governance and the Rule of Law in Latin America and Beyond (Law, Development and Globalization)
by Carlos SantisoThe Political Economy of Government Auditing addresses the elusive quest for greater transparency and accountability in the management of public finances in emerging economies; and, more specifically, it examines the contribution of autonomous audit agencies (AAAs) to the fight against corruption and waste. Whilst the role of audit agencies in curbing corruption is increasingly acknowledged, there exists little comparative work on their institutional effectiveness. Addressing the performance of AAAs in emerging economies, Carlos Santiso pursues a political economy perspective that addresses the context in which audit agencies are embedded, and the governance factors that make them work or fail. Here, the cases of Argentina, Brazil and Chile are examined, as they illustrate the three – parliamentary, court and independent – models of AAAs in modern states, and their three distinct trajectories of reform, or lack of reform. Beyond Latin America, considerations on the reform of government auditing in other countries, developed and developing are also taken up as, it is argued, while institutional arrangements for government auditing matter, political factors ultimately determine the effectiveness of AAAs. Reforming AAAs, it is concluded, must consider the trajectory of state building, the role of law in public administration and the quality of governance. An important contribution to the comparative study of governance institutions, and especially those tasked with overseeing the budget and curbing corruption, The Political Economy of Government Auditing will be of interest to scholars and students of comparative politics, development studies, administrative law, and public finance; as well as to development practitioners and policy-makers in developing countries, donor governments and international institutions.
The Political Economy of International Agreements: A Collection of Essays (International Law and Economics)
by Florian Kiesow CortezThis volume analyzes international agreements from a political economy perspective. In four essays, it raises the question of whether domestic institutions help explain if countries join international agreements, and in case they do, what type of international organization they join. The book examines how specific democratic design elements channel and mediate domestic demands directed at politicians, and how under certain circumstances entering international agreements helps politicians navigate these demands to their benefit. The volume also distinguishes between different types of international instruments with a varying expected constraining effect upon member states, and empirically tests if this matters for incentives to join. The volume addresses scholars, students, and practitioners interested in a better understanding of how the shape of domestic institutions affects politicians’ incentives to enter into binding international agreements.
The Political Economy of Legal Information: The New Landscape
by Samuel E TrosowFrom the informative information contained in The Political Economy of Legal Information: The New Landscape, you will discover how you, as a librarian or other information professional, can comprehend, cope with, and even try to influence the factors which comprise the new legal information landscape. You will discover the great changes in the legal publishing industry that have occurred within the last few years and the new ways in which legal information is produced, stored, disseminated, and used. The Political Economy of Legal Information will provide you with valuable tips to help you make sense of this new landscape so your library can reap the benefits of this new age. This informative book provides you with a collection of essays that describe, asses, and evaluate the political economy of information in the changing realm of legal publishing to keep you and your library on top of this dynamic situation. Through The Political Economy of Legal Information, you will find valuable insight into how you can make adjustments to constant technological changes by: confronting the cost efficiency model which promises both lower prices and greater effectiveness to help you make informed decisions about your library's technology learning about the economic logic of copyright laws to safeguard your library's reliance on big-name databases exploring the new Legal Publishers’List that provides a roadmap to the mergers and acquisitions that have characterized the publishing industry in recent years in order to choose the best manufacturer of the legal products in your library exploring case studies to help you understand how educational institutions, governmental entities, and small publishers can successfully cope with the new information landscape and to keep you informed of all the options available to your libraryWritten by a wide cross section of people who are working with legal information,The Political Economy of Legal Information provides essential information to assist you and your library in staying informed regarding the fast-paced world of legal publishing.
The Political Economy of Pipelines: A Century of Comparative Institutional Development
by Makholm Jeff D.With global demand for energy poised to increase by more than half in the next three decades, the supply of safe, reliable, and reasonably priced gas and oil will continue to be of fundamental importance to modern economies. Central to this supply are the pipelines that transport this energy. And while the fundamental economics of the major pipeline networks are the same, the differences in their ownership, commercial development, and operation can provide insight into the workings of market institutions in various nations. Drawing on a century of the world's experience with gas and oil pipelines, this book illustrates the importance of economics in explaining the evolution of pipeline politics in various countries. It demonstrates that institutional differences influence ownership and regulation, while rents and consumer pricing depend on the size and diversity of existing markets, the depth of regulatory institutions, and the historical structure of the pipeline businesses themselves. The history of pipelines is also rife with social conflict, and Makholm explains how and when institutions in a variety of countries have controlled pipeline behavior--either through economic regulation or government ownership--in the public interest.
The Political Economy of Plea Bargaining (Directions and Developments in Criminal Justice and Law)
by Robert SchehrThe Political Economy of Plea Bargaining provides the political, economic, and cultural context for understanding the evolution of plea bargaining as a juridical technology implemented to ensure the efficient administration of violations of criminal law.Across two parts, this book contends that the confluence of political, economic, and cultural factors necessary to enhance the legal preservation of the slave system and white supremacy spatiotemporally coincided with burgeoning Northern industrial capitalism and the liberty of contract doctrine, and that each was contextualized within hegemonic liberal republican ideology out of which grew the implementation of an efficient technology of juridical control achieving normative legal status – plea bargaining. It argues that, as with their predecessors, contemporary actors operating within the criminal legal system and who are responsible for administering plea bargaining are perpetuating a system reproducing a steering mechanism that historically constitutes a through line from Reconstruction to the present day. Following Von Mises, these actors serve as useful innocents, modern-day confused and misguided sympathizers. They are juridical actors who inherited and are perpetuating a system of conflict resolution that serves to maintain a form of social control uniquely situated to historically relevant political, economic, and cultural power in the United States.The Political Economy of Plea Bargaining will be important reading for legal and social science academics researching and practicing within the field of criminal law and procedure. It will also act as a valuable guide to the debates surrounding plea bargaining for students with a keen interest in criminal law.
The Political Economy of U.S. Agriculture
by Jonathan C. Brooks Colin A. CarterA study that focuses on the US farm policy, the specific forces that underpin it, this means pointing out the determinants and examining why the U.S. is not prepared for liberalisation...It also examines the interaction of Agriculture and politics and how they influence each other;...US farm policies are well documented keeping the government on its toes, increasing transparency as well as exerting political pressure that translates to favorable policies.
The Political Economy of Vietnam’s Industrial Transformation (SpringerBriefs in Political Science)
by John Walsh Burkhard Schrage Trung Quang NguyenThis book presents an overview of political economic change in Vietnam during a period of significant social and economic change and an era of international turbulence. It combines various political economic perspectives to offer an integrated and comprehensive review of Vietnam’s recent development, discussing topics such as public administrative reform, labour markets and special economic zones, environmental management and other important contemporary issues. This concise and highly readable book includes a considerable amount of research, and as such provides valuable insights for scholars and researchers interested in political economic change and in Vietnam.
The Political Economy of the American Frontier
by Ilia MurtazashviliThis book offers an analytical explanation for the origins of and change in property institutions on the American frontier during the nineteenth century. Its scope is interdisciplinary, integrating insights from political science, economics, law and history. This book shows how claim clubs - informal governments established by squatters in each of the major frontier sectors of agriculture, mining, logging and ranching - substituted for the state as a source of private property institutions and how they changed the course of who received a legal title, and for what price, throughout the nineteenth century. Unlike existing analytical studies of the frontier that emphasize one or two sectors, this book considers all major sectors, as well as the relationship between informal and formal property institutions, while also proposing a novel theory of emergence and change in property institutions that provides a framework to interpret the complicated history of land laws in the United States.
The Political Ethics of Public Service
by Vera Vogelsang-CoombsThis book provides a defense of democratic politics in American public service and offers the political ethics of public service as a realistic and optimistic alternative to the cynical American view toward politics and public service. The author's alternative helps career public servants regain public trust by exercising constitutionally centered moral and political leadership that balances the regime values of liberty and equality in governing American society while contributing to the ethical progress of the nation. She identifies three distinct leadership styles of political ethics, enabling career public servants to reconcile their personal loyalties, morality, and consciences with the public and private morality of American society and their constitutional obligations to secure the democratic freedoms of Americans. Recognizing career public servants' moral and institutional struggles, the book proposes a rigorous leadership development program to acclimate individuals to workplace psychological, moral, and political challenges. The view offered here is that career public servants must be a part of, rather than isolated from, American politics to be effective on the job.
The Political Heart of Criminal Procedure
by David Skeel Michael Klarman Carol SteikerThe past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.
The Political Roots of Racial Tracking in American Criminal Justice
by Nina M. MooreThe race problem in the American criminal justice system endures because of the enabling behavior of the public and of policy makers. The tendency of racial justice advocates to point the finger of blame chiefly at law enforcement, or racial conservatives, or the war on drugs, or any other single entity is misguided. Whether the problem is defined in terms of minority overrepresentation in the criminal justice system or in terms of the differential treatment minorities receive while entangled within the criminal process, a critical mass of citizens and policy makers that care enough to demand something be done about it is lacking. We Are "The Man" is the story of how racial concerns are consistently ignored in the national crime-policy process and why.
The Political Sublime (Thought in the Act)
by Michael J. ShapiroIn The Political Sublime Michael J. Shapiro formulates an original politics of aesthetics through an analysis of the experience of the sublime. Turning away from Kant's analysis of the sublime experience as a validation of the existence of a universal common sense, Shapiro draws on Deleuze, Lyotard, and Rancière to show how incomprehensible events and dilemmas provide openings for new political formations. He approaches the sublime through a range of artistic and cultural texts that address social crises and natural disasters, from the writing of James Baldwin and Ta-Nehisi Coates to the films of Ingmar Bergman and Spike Lee; these works suggest ways to channel the disruptive effects of the sublime into resistance to authority and innovative political initiative. Whether stemming from the threat of nuclear annihilation or the aftermath of an earthquake, the violence of racism and terrorism or the devastation of industrialism, sublime experience, Shapiro contends, allows for a rethinking of events in ways that reveal, redistribute, and create conditions of possibility for alternative communities of sense.
The Political Value of Time: Citizenship, Duration, and Democratic Justice
by Elizabeth F. CohenWaiting periods and deadlines are so ubiquitous that we often take them for granted. Yet they form a critical part of any democratic architecture. When a precise moment or amount of time is given political importance, we ought to understand why this is so. The Political Value of Time explores the idea of time within democratic theory and practice. Elizabeth F. Cohen demonstrates how political procedures use quantities of time to confer and deny citizenship rights. Using specific dates and deadlines, states carve boundaries around a citizenry. As time is assigned a form of political value it comes to be used to transact over rights. Cohen concludes with a normative analysis of the ways in which the devaluation of some people's political time constitutes a widely overlooked form of injustice. This book shows readers how and why they need to think about time if they want to understand politics.
The Politically Incorrect Guide to the Supreme Court (The Politically Incorrect Guides)
by John Yoo Robert J. DelahuntyJustice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scott to Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.
The Politician: An Insider's Account of John Edwards's Pursuit of the Presidency and the Scandal That Brought Him Down
by Andrew Young"The Politician" offers a look at the trajectory which made John Edwards the ideal Democratic candidate for president, and the hubris which brought him down, leaving his career, his marriage, and his dreams in ashes.
The Politicization of Safety: Critical Perspectives on Domestic Violence Responses (Families, Law, and Society #10)
by Jane K. StoeverA look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.
The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis (Comparative Constitutional Law and Policy)
by Theunis RouxComparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution.
The Politics Of Animal Experimentation
by Dan LyonsThe reality of animal experimentation and its regulation in Britain have been hidden behind a curtain of secrecy since its emergence as a political controversy in the 1870s. Public debate and political science alike have been severely hampered by a profound lack of reliable information about the practice. In this remarkable study, Dan Lyons advances and applies policy network analysis to investigate the evolution of British animal research policy-making.
The Politics Of Law: A Progressive Critique, Third Edition
by David KairysThe Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book’s concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplines-political science, economics, sociology, criminology, history, and literature-raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book’s tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.
The Politics and Crisis Management of Animal Health Security
by John ConnollyThe Politics and Crisis Management of Animal Health Security addresses the 2001 foot and mouth epidemic in the United Kingdom - one of, if not the, most significant crises ever to face the UK farming industry. Underpinned by interviews with politicians and bureaucrats and with significant primary documentary analysis the book shows that the crisis was a critical juncture in how disease outbreaks have been planned and managed ever since. The author explores how this event affected policy and governance arrangements for managing subsequent disease-induced threats (such as avian influenza and bovine TB) and concludes by considering the ’temporality’ of lesson learning by the UK government including the current and future challenges associated with managing incongruent risks (e.g., flood protection, swine flu and Ebola). This book provides students of public policy and administration with a significant illustration of how key concepts and analytical lenses from public policy can be applied to the study of the contours of practical policy change.
The Politics and Ethics of Evaluation (Routledge Revivals)
by Clem AdelmanFirst published in 1984, The Politics and Ethics of Evaluation considers, from the vantage point of the authors’ considerable experience of a wide range of evaluation, the ways in which they, and others, have coped with ethical and political problems that inherently arise during the evaluation process, particularly that of the responsive or democratic type. It looks at the evaluator’s claim to independence and how this is qualified by his relationship to his subject and to various other audiences.The ethical and political problems of evaluation are discussed from the different perspectives of moral philosophy, sociology, the politics of organisations, curriculum development, and institutional evaluation. Also included is a chapter detailing English law and legal judgements pertaining to qualified privilege, libel and defamation of character. Guidelines for conducting independent evaluation conclude the volume. This book will be of interest to students and researchers of higher education, curriculum studies and ethics.