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Explaining the Importance of Public Choice for Law

Explaining the Importance of Public Choice for Law
Author: D. Daniel Sokol
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision-making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Stearns and Todd Zywicki. Because of its analytic depth, Public Choice Concepts is likely to be recognized as the leading work on the subject for some time. Stearns and Zywicki's contribution to public choice scholarship is important and compelling. Part I of this review addresses common misperceptions about public choice, provides a descriptive summary of the book, explains its important implications, and suggests some limitations. Part II takes issue with Stearns and Zywicki on one important ground - their failure to adequately consider public choice issues in an international context. This Part describes how an understanding of public choice can offer insights into international antitrust.


Law and Public Choice

Law and Public Choice
Author: Daniel A. Farber
Publisher: University of Chicago Press
Total Pages: 170
Release: 2010-07-15
Genre: Law
ISBN: 0226238113

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In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School


Public Choice Theory and the Illusion of Grand Strategy

Public Choice Theory and the Illusion of Grand Strategy
Author: Richard Hanania
Publisher: Routledge
Total Pages: 206
Release: 2021-12-28
Genre: Political Science
ISBN: 100051403X

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This book argues that while the US president makes foreign policy decisions based largely on political pressures, it is concentrated interests that shape the incentive structures in which he and other top officials operate. The author identifies three groups most likely to be influential: government contractors, the national security bureaucracy, and foreign governments. This book shows that the public choice perspective is superior to a theory of grand strategy in explaining the most important aspects of American foreign policy, including the war on terror, policy toward China, and the distribution of US forces abroad. Arguing that American leaders are selected to respond to public opinion, not necessarily according to their ability to formulate and execute long-terms plans, the author shows how mass attitudes are easily malleable in the domain of foreign affairs due to ignorance with regard to the topic, the secrecy that surrounds national security issues, the inherent complexity of the issues involved, and most importantly, clear cases of concentrated interests. The book will be of interest to students and scholars of American Studies, Foreign Policy Analysis and Global Governance.


Public Choice Concepts and Applications in Law

Public Choice Concepts and Applications in Law
Author: Maxwell L. Stearns
Publisher: West Academic Publishing
Total Pages: 676
Release: 2009
Genre: Law
ISBN:

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Stearns and Zywicki's Public Choice Concepts and Applications in Law is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive but nontechnical overview of interest group theory, social choice theory, game theory, and elementary price theory. It ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and specific institutional settings: legislatures, courts, executive branch and bureaus, and constitutions.


Public Choice and Public Law

Public Choice and Public Law
Author: Daniel A. Farber
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2007
Genre: Law and economics
ISBN: 9781845427160

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Public choice theory has become an increasingly significant aspect of public law scholarship. A more comprehensive knowledge of public institutions and their activities can illuminate our understanding of how legal rules shape the behavior of these institutions. This volume gathers together key papers highlighting the fundamental issues in the evolution of this subject. Besides providing an appreciation of the institutional complexity and potential weak points of democracies, public choice theory promises to show how political structures and processes shape outcomes for better or for worse. It thereby aids understanding and improvements to institutional design. Much of that design is expressed in the form of law, so the subject is of particular importance to legal scholars. This authoritative selection of articles provides a firm foundation to this important area of study.


Research Handbook on Public Choice and Public Law

Research Handbook on Public Choice and Public Law
Author: Daniel A. Farber
Publisher: Edward Elgar Pub
Total Pages: 502
Release: 2010
Genre: Law
ISBN: 9781847206749

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'. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.' - Sanja Bogojevi?, Climate Law


The Oxford Handbook of Public Choice

The Oxford Handbook of Public Choice
Author: Roger D. Congleton
Publisher: Oxford University Press
Total Pages: 800
Release: 2018-12-14
Genre: Business & Economics
ISBN: 019046979X

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The Oxford Handbook of Public Choice provides a comprehensive overview of the research in economics, political science, law, and sociology that has generated considerable insight into the politics of democratic and authoritarian systems as well as the influence of different institutional frameworks on incentives and outcomes. The result is an improved understanding of public policy, public finance, industrial organization, and macroeconomics as the combination of political and economic analysis shed light on how various interests compete both within a given rules of the games and, at times, to change the rules. These volumes include analytical surveys, syntheses, and general overviews of the many subfields of public choice focusing on interesting, important, and at times contentious issues. Throughout the focus is on enhancing understanding how political and economic systems act and interact, and how they might be improved. Both volumes combine methodological analysis with substantive overviews of key topics. This second volume examines constitutional political economy and also various applications, including public policy, international relations, and the study of history, as well as methodological and measurement issues. Throughout both volumes important analytical concepts and tools are discussed, including their application to substantive topics. Readers will gain increased understanding of rational choice and its implications for collective action; various explanations of voting, including economic and expressive; the role of taxation and finance in government dynamics; how trust and persuasion influence political outcomes; and how revolution, coups, and authoritarianism can be explained by the same set of analytical tools as enhance understanding of the various forms of democracy.


Government Failure

Government Failure
Author: Gordon Tullock
Publisher: Cato Institute
Total Pages: 211
Release: 2002-05-01
Genre: Political Science
ISBN: 1935308009

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When market forces fail us, what are we to do? Who will step in to protect the public interest? The government, right? Wrong. The romantic view of bureaucrats coming to the rescue confuses the true relationship between economics and politics. Politicians often cite "market failure" as justification for meddling with the economy, but a group of leading scholars show the shortcomings of this view. In Government Failure, these scholars explain the school of study known as "public choice," which uses the tools of economics to understand and evaluate government activity. Gordon Tullock, one of the founders of public choice, explains how government "cures" often cause more harm than good. Tullock provides an engaging overview of public choice and discusses how interest groups seek favors from government at enormous costs to society. Displaying the steely realism that has marked public choice, Tullock shows the political world as it is, rather than as it should be. Gordon Brady scrutinizes American public policy, looking closely at international trade, efforts at regulating technology, and environmental policy. At every turn Brady points out the ways in which interest groups have manipulated the government to advance their own agendas. Arthur Seldon, a seminal scholar in public choice, provides a comparative perspective from Great Britain. He examines how government interventions in the British economy have led to inefficiency and warns about the political centralization promised by the European Community. Government Failure heralds a new approach to the study of politics and public policy. This book enlightens readers with the basic concepts of public choice in an unusually accessible way to show the folly of excessive faith in the state.


Democracy in Chains

Democracy in Chains
Author: Nancy MacLean
Publisher: Penguin
Total Pages: 385
Release: 2018-06-05
Genre: Political Science
ISBN: 1101980974

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Winner of the Lillian Smith Book Award Winner of the Los Angeles Times Book Prize Finalist for the National Book Award The Nation's "Most Valuable Book" “[A] vibrant intellectual history of the radical right.”—The Atlantic “This sixty-year campaign to make libertarianism mainstream and eventually take the government itself is at the heart of Democracy in Chains. . . . If you're worried about what all this means for America's future, you should be.”—NPR An explosive exposé of the right’s relentless campaign to eliminate unions, suppress voting, privatize public education, stop action on climate change, and alter the Constitution. Behind today’s headlines of billionaires taking over our government is a secretive political establishment with long, deep, and troubling roots. The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority. In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.


Public Governance and the Classical-Liberal Perspective

Public Governance and the Classical-Liberal Perspective
Author: Paul Dragos Aligica
Publisher: Oxford University Press, USA
Total Pages: 281
Release: 2019-06-03
Genre: Business & Economics
ISBN: 0190267038

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A distinctive perspective on governance: the building blocks -- Classical liberalism : delineating its theory of governance -- Function, structure, and process at the private-public interface -- Dynamic governance : the polycentrism process and knowledge processes -- Public choice and public administration : the confluence -- Public administration and public choice : charting the field -- Public choice, public administration, and self-governance : the Ostromian confluence -- Heterogeneity, coproduction, and polycentric governance : the Ostroms' public choice institutionalism revisited -- Framing the applied level : themes, issue areas, and cases -- Metropolitan governance : polycentric solutions for complex problems -- Independent regulatory agencies and their reform : an exercise in institutional imagination -- Polycentric stakeholder analysis : corporate governance and corporate social responsibility -- Conclusions: governance and public management : a vindication of the classical-liberal perspective?