Risk Regulation at Risk: Restoring a Pragmatic Approach

In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture―painted by risk regulation’s critics―of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

Glicksman, Robert L.

Shapiro, Sidney A.

Environmental & Natural Resources Law

Stanford Law and Politics

In 1993, environmental objections to NAFTA resulted in the establishment of the North American Commission for Environmental Cooperation (CEC), the first international organization created to address issues related to trade and the environment. The CEC is also the first regional environmental agency in North America with innovative tools, almost unlimited jurisdiction, and unprecedented opportunities for participation by civil society at the international level. The lessons to be drawn from the CEC’s experience should be of great value to all those interested in environmental protection and economic integration, regional and global environmental organizations, and participation of civil society in international policy. Surprisingly, however, the CEC has received little scholarly attention, to date. This book is intended to fill that gap by providing a comprehensive analysis of how the organization has fulfilled, or failed to fulfill, its mandates.

Greening NAFTA: The North American Commission for Environmental Cooperation (Stanford Law & Politics)

Business & Money

David L. Markell

John H. Knox

Economics

The Difference “Difference” Makes: Women and Leadership

Why are women so dramatically underrepresented in formal leadership positions―and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business―the arenas in which women’s leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation’s most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

Politics & Social Sciences

Deborah L. Rhode

Social Sciences

In this age of globalization, countries and corporations are under increasing pressure to adopt and follow international labor standards. This book provides the most thorough empirical assessment to date of the impact of international regulation on labor standards and conditions, and critically analyzes the common race-to-the-bottom view that globalization and international competition can only further degrade labor standards. The authors examine current standards and regulations, along with recent proposals to compel developing countries to adopt labor standards. They also consider other mechanisms for advancing labor conditions, such as lowering barriers to migration, increasing foreign aid, and encouraging more rapid economic growth. In addition, the book presents a complete description and appraisal of current voluntary corporate codes of conduct, and concludes with a detailed evaluation of the change in labor conditions in Mexico since the adoption of more open trade policies in 1986.

International Labor Standards: Globalization, Trade, and Public Policy

Gould IV, William B.

Robert J. Flanagan

The Welfare Experiments: Politics and Policy Evaluation

Welfare experiments conducted at the state level during the 1990s radically restructured the American welfare state and have played a critical―and unexpected―role in the broader policymaking process. Through these experiments, previously unpopular reform ideas, such as welfare time limits, gained wide and enthusiastic support. Ultimately, the institutional legacy of the old welfare system was broken, new ideas took hold, and the welfare experiments generated a new institutional channel in policymaking. In this book, Rogers-Dillon argues that these welfare experiments were not simply scientific experiments, as their supporters frequently contend, but a powerful political tool that created a framework within which few could argue successfully against the welfare policy changes. Legislation proposed in 2002 formalized this channel of policymaking, permitting the executive, as opposed to legislative, branches of federal and state governments to renegotiate social policies―an unprecedented change in American policymaking. This book provides unique insight into how social policy is made in the United States, and how that process is changing.

Rogers-Dillon, Robin H.

Politics & Government

In Litigation: Do the “Haves” Still Come Out Ahead?

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases. This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Rules & Procedures

From eighteenth-century copyright law, to current-day copyright issues on the internet, to tomorrow's "celestial jukebox"―a digital repository of books, movies, and music available on demand―Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. One of the nation's leading authorities on intellectual property law, Goldstein offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. Goldstein presents and analyzes key legal battles, including Supreme Court decisions on home taping and 2 Live Crew's contested sampling of Roy Orbison's "Pretty Woman." In this revised edition, the author expands the discussion to cover electronic media, including an examination of recent Napster litigation, the Digital Millennium Copyright Act, and the vexed Secure Digital Music Initiative, under which record companies attempted to develop effective encryption standards for their products. Praise for the first edition: "A clever and vibrant book that traces copyright history from the invention of the printing press through current challenges to copyright from new technologies . . . . Most compelling [on] multimedia technologies." ―Sabra Chartrand, The New York Times "This eminent authority writes with clarity, lucidity and a wry sense of humor about a subject whose complexities can be daunting." ―Jonathan Kirsch, Los Angeles Times "A wonderfully American tale of how law, literature, politics and megabucks intersect." ―William Petrocelli, San Francisco Chronicle

Copyright's Highway: From Gutenberg to the Celestial Jukebox

Arts & Photography

GOLDSTEIN, Paul

Music

Separation of Powers in Practice

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

Tom Campbell

Administrative Law

Welfare experiments conducted at the state level during the 1990s radically restructured the American welfare state and have played a critical―and unexpected―role in the broader policymaking process. Through these experiments, previously unpopular reform ideas, such as welfare time limits, gained wide and enthusiastic support. Ultimately, the institutional legacy of the old welfare system was broken, new ideas took hold, and the welfare experiments generated a new institutional channel in policymaking. In this book, Rogers-Dillon argues that these welfare experiments were not simply scientific experiments, as their supporters frequently contend, but a powerful political tool that created a framework within which few could argue successfully against the welfare policy changes. Legislation proposed in 2002 formalized this channel of policymaking, permitting the executive, as opposed to legislative, branches of federal and state governments to renegotiate social policies―an unprecedented change in American policymaking. This book provides unique insight into how social policy is made in the United States, and how that process is changing.

See the best price to sell, buy or rent books by the Stanford Law and Politics publisher. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Stanford Law and Politics

See the best price to sell, buy or rent books by the Stanford Law and Politics publisher. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Risk Regulation at Risk: Restoring a Pragmatic Approach

Greening NAFTA: The North American Commission for Environmental Cooperation (Stanford Law & Politics)

The Difference “Difference” Makes: Women and Leadership

International Labor Standards: Globalization, Trade, and Public Policy

The Welfare Experiments: Politics and Policy Evaluation

In Litigation: Do the “Haves” Still Come Out Ahead?

In Litigation: Do the “Haves” Still Come Out Ahead?

Copyright's Highway: From Gutenberg to the Celestial Jukebox

Separation of Powers in Practice

The Welfare Experiments: Politics and Policy Evaluation