Regulation through the public interest doctrine. by Henry William Blalock Download PDF EPUB FB2
The concept of the public interest is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power.
However the term is rarely defined in any meaningful sense. This book considers abstract concepts of public interest from the literature of law, political science, and economics. Using a series of case-studies from Britain and the USA. Public interest theories of regulation have been criticised because of their somewhat idealised assumptions about the neutral and disinterested behaviour of supposed competent experts who populate.
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to example: in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis.
Land use regulation falls into three broad categories: (1) restriction on the use of land through tort law, (2) private regulation by agreement, and (3) public ownership or regulation through the powers of eminent domain and zoning. The doctrine is most often invoked in connection with access to the seashore.
In the United States, the law differs among the fifty states but in general limits the rights of ocean front property owners to exclude the public below the mean high tide line.
Massachusetts and Maine (which share a common legal heritage) recognize private property ownership to the mean low tide line—but allow. Theories of Regulation The standard ‘public interest’ or ‘helping hand’ theory of regulation is based on two assumptions.
First, unhindered markets often fail because of the problems of mono-poly or externalities. Second, governments are benign and capable of correcting these market failures through Size: KB. the theory of regulatory capture. Public interest theory is developed from classical conceptions of representative democracy and the role of government; capture theory can be seen as a critical reaction against it.
It echoes neo-classical economics and has found its way into political science analysis of regulation through rational choice by: 1. Overview. Economist Lok Sang Ho in his Public Policy and the Public Interest argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "ex ante welfare of the representative individual." Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the.
Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity, 2nd Edition (American Casebook) This book provides an overview of trademark, patent, and copyright doctrine and offers a foray into more advanced topics, such as digital rights management, international law, and state doctrinal developments in.
updates policy in this regulation, specifically inparagraph d. This major revision, dated 25 May — o Defines the staff relationship of public affairs officers and requires that public affairs offices, units, sections, and func-tions be managed and supervised only by qualified public File Size: 1MB.
Regulation in and later the behavioural-economics-inspired ‘nudge’ movement. This excellent book by Fiona Simon very plausibly argues that the doctrine of ‘meta-regulation’ has been over-hyped as a ‘win-win’ approach to making corporations serve the public interest, on the basis of incomplete theory and little : Christopher Hood.
Second, the book subjects the doctrine of meta‐regulation to a searching and sceptical critique. Arguing that the doctrine is poorly theorised, it spells out what are the necessary conditions for a control system based on energizing and mobilizing third parties in pursuit of the ‘public interest’.Author: Christopher Hood.
Public Access in New Jersey: the Public Trust Doctrine and Practical Steps to Enhance Public Access provides an indepth review of the history and legal precedents of public access.
It was prepared in by the Coastal Management Office of the New Jersey Department of Environmental Protection, and Principal Investigator: Robert Freudenberg. Public Interest. Anything affecting the rights, health, or finances of the public at large.
Public interest is a common concern among citizens in the management and affairs of local, state, and national government. It does not mean mere curiosity but is a broad term that refers to the body politic and the public.
Content regulation has also been justified through the “public interest, convenience and necessity” clause. The FCC’s so-called fairness doctrine required broadcasters, as a condition of monopoly over frequencies, to provide programming in the public interest, to discuss controversial issues, and to give time to opponents for prevailing.
Its main proposition is that through regulation, governments engage in 'the public administrative policing of a private activity with respect to a rule prescribed in the public interest' (Mitnick. The book also offers new insights for future research in different academic fields. The Regulation of the Global Water Services Market is a book of utmost scientific value, primarily because of its comprehensive accuracy and the quality of legal discussions presented.
COMBATING OBESITY THROUGH REGULATION OF ADVERTISING. By Samantha Graff, Director of Legal Research, Public Health Law & Policy, and Tamara R. Piety, Professor of Law, The University of Tulsa College of Law.
goals of advancing consumers’ interest in receiving truthful. information and the general public’s interest in information. PART TWO- The doctrine of Public Trust in the Indian Legal system.
The watershed as far as the doctrine of public trust in India came about after the decision of the Supreme Court in the M.C Mehta v. Kamal Nath case. M.C Mehta v. Kamal Nath. Justice Kuldip Singh while delivering the judgment relied extensively on the doctrine of.
Philip M. Napoli, Social Media and the Public Interest: Media Regulation in the Disinformation Age () [hereinafter Social Media and the Public Interest].
Other proposals may not use the precise phrase “public interest,” but their contents are similar in form to old public interest-based concepts, as with Senator Josh Hawley’s (R-MO. The ancient Roman Empire developed this legal theory i.e.
Doctrine of the Public Trust. The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership.
topics. In part because of the breadth of the field, health law also cuts across and involves doctrine and practice from a wide array of areas, including contract law, tax law, corporations and nonprofit and in private public interest law firms, to name a few.
state law or exempted from state regulation through ERISA [a federal law File Size: KB. progressives wished to retain a stronger regulation that forbade broadcasters from politically editorializing— what was known as the “Mayflower Doctrine.” To many s reformers, the public interest obligation that replaced the Mayflower rule—what would later become known as the Fairness Doctrine—was a kind of.
The Public Interest Theory of regulation explains in general terms, that regulation seeks the protection and benefit of the public at large; public interest can be further described as the best possible allocation of scarce resources for individual and collective goods.
Regulation means the employment of legal instruments for the implementation of socio-economic policy objectives, for example.
The book should be illuminating and useful for political scientists and legal scholars interested in regulatory policy, the politics of regulation, public administration, and administrative law. Regulation and Public Interests would be an excellent book for graduate courses in any of those fields."Robert A.
Kagan, Law & Politics Book ReviewCited by: The public interest theory of regulation holds that government regulation is intended to correct problems due to monopoly power and externalities.
True b. False. Externalities refer to the side effects of production or consumption that cause private and social costs to differ. True. Since the legal contours of the Fairness Doctrine had changed over the course of more than two decades (e.g., its applicability to advertising had been rescinded (32)), the FCC in issued The Handling of Public Issues Under the Fairness Doctrine and the Public Interest Standard of the Communications Act, Fairness Report to guide.
A Primer on First Amendment Analysis 3 A. The State Action Doctrine 3 B. Content-Based and Content-Neutral Regulation of Speech 4 C. The Public Forum Doctrine 5 D. The Vagueness and Overbreadth Doctrines 6 E.
Prior Restraints on Speech 6 F. The Commercial Speech Doctrine 7 II. The Public Forum Doctrine: Application to Transit Facilities 7 A. Regulation definition, a law, rule, or other order prescribed by authority, especially to regulate conduct.
See more. "Intellectual Property: Private Rights, The Public Interest, and The Regulation of Creative Activity"" provides an overview of trademark, patent, and copyright doctrine and offers a foray into more advanced topics, such as digital rights management, international law, and state doctrinal developments in both civil and criminal by: 3.
The public interest theory of regulation asserts that regulatory efforts act to move markets closer to their efficient solutions. The public choice theory of regulation argues that regulatory efforts serve private interests, not the public interest.The Comparative Case Against the Insurable Interest Doctrine () 97 interest doctrine can be eliminated without any significant effect on the size or financial sustainability of the insurance industry, but with greater free-dom for both consumers and investors to enter a regulated market.
Indeed,Cited by: 3.The commitment to serve the public interest in accounting has eroded, as personal and business relationships with clients and client management increasingly create conflicts of interest. Many such relationships have created barriers to objective and impartial decision making and threatened the independence of the audit function.