Legislation & Statutory Interpretation最新文献_第4页

Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice between Agencies and Courts 授权的立法分配:不确定性、风险和机构与法院之间的选择

Legislation & Statutory Interpretation Pub Date : 2005-03-01 DOI: 10.2139/ssrn.716863

M. Stephenson

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引用次数: 47

Governmental Public Relations 政府公共关系

Legislation & Statutory Interpretation Pub Date : 2005-01-01 DOI: 10.2139/ssrn.657001

C. Engel

{"title":"Governmental Public Relations","authors":"C. Engel","doi":"10.2139/ssrn.657001","DOIUrl":"https://doi.org/10.2139/ssrn.657001","url":null,"abstract":"Should government be allowed to spend tax payers' money on public relations? If one frames the question that way, the negative answer suggests itself. Yet government communication serves more purposes. These purposes may be analysed in terms of behavioural economics and psychology. In moral suasion, government communication is the governance tool itself. Most other governance tools do not automatically reach their addressees. Appropriate communication is necessary for them to become effective. Finally, government is a legitimate player in political process, and communication to the public is a legitimate element of this process. Specifically, the normatively desirable and the normative problematic aspects can usually not be fully disentangled. Hence, the potential distortion of elections must be outweighed against the governance effect. This paper does so by interpreting governmental public relations as a bundled product. It models the people as the principal, and the political parties running government as the agent. The distortion effect is observable, the governance effect is not. This set-up of the model invites a second-best solution in terms of mechanism design. Government is free to advertise. But advertising is costly in that it generates a handicap at the next elections. This solution is taken as a benchmark for discussing politically more digestible third and fourth best.","PeriodicalId":297504,"journal":{"name":"Legislation & Statutory Interpretation","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121226507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

How the Filed Rate Doctrine Wreaks Havoc with Energy Market Development and Policy ... And What Courts Can Do About it 税率主义如何破坏能源市场发展与政策…以及法院能做些什么

Legislation & Statutory Interpretation Pub Date : 2004-09-01 DOI: 10.2139/ssrn.587141

Jim Rossi

{"title":"How the Filed Rate Doctrine Wreaks Havoc with Energy Market Development and Policy ... And What Courts Can Do About it","authors":"Jim Rossi","doi":"10.2139/ssrn.587141","DOIUrl":"https://doi.org/10.2139/ssrn.587141","url":null,"abstract":"The filed rate doctrine is a venerable doctrine of public utility regulation. When a court applies it - and courts frequently do - the doctrine serves as a litigation shield for regulated utilities. Federal courts invoking this shield refuse to exercise jurisdiction over an alleged violation of antitrust, tort or contract claim whose resolution would require a departure from a utility's filed rate. Like many venerable legal rules, the filed rate doctrine is rarely questioned. For over a century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect. Moreover, as recent examples in the industry suggest, presumptive application of the filed rate doctrine by both firms and courts can cause affirmative harm for energy market development and policy. For example, a recent U.S. District Court decision in Texas applied the filed rate doctrine in an astonishingly broad manner, precluding antitrust claims against energy suppliers in the deregulated Texas wholesale power market and leaving those harmed by market abuses without any legal or administrative remedy. The Essay draws on examples such as this to illustrate the serious need for reassessment of the doctrine by federal courts in the energy context. It is argued that both courts and litigators have at their disposal ways of lowering the filed tariff shield to allow more efficient energy markets to develop, better furthering the goals of energy policy.","PeriodicalId":297504,"journal":{"name":"Legislation & Statutory Interpretation","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126480971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Joe Cannon and the Minority Party: Tyranny or Bipartisanship 乔·坎农和少数党:暴政还是两党合作

Legislation & Statutory Interpretation Pub Date : 2004-07-01 DOI: 10.2139/ssrn.577861

Keith. Krehbiel, Alan E. Wiseman

引用次数: 17

Lost in Translation: Social Choice Theory is Misapplied Against Legislative Intent 迷失在翻译中:社会选择理论与立法意图的误用

Legislation & Statutory Interpretation Pub Date : 2004-04-12 DOI: 10.2139/ssrn.529742

A. Lupia, Mathew D. McCubbins

引用次数: 9

A Fresh Look at Accounting Ethics (or Dr. Smith Goes to Washington) 重新审视会计伦理(或史密斯博士前往华盛顿)

Legislation & Statutory Interpretation Pub Date : 2003-03-01 DOI: 10.2308/ACCH.2003.17.1.47

Murphy D. Smith

{"title":"A Fresh Look at Accounting Ethics (or Dr. Smith Goes to Washington)","authors":"Murphy D. Smith","doi":"10.2308/ACCH.2003.17.1.47","DOIUrl":"https://doi.org/10.2308/ACCH.2003.17.1.47","url":null,"abstract":"This article (editorial) proposes actions to be taken by educators and practitioners in providing ethical direction to the accounting profession. In the wake of corporate scandals and a shaky stock market, Congress passed legislation that established a new board to oversee auditors of publicly traded companies and increased prison sentences for fraud. This article is based on the author's opening statement to the U.S. House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection, Friday, July 26, 2002. At the Congressional Hearing, Truett Cathy, founder of Chick-Fil-A, quoted Proverbs 22:1, which says: A good name is more desirable than great riches; to be esteemed is better than silver or gold. The truth is that living an honorable life really is more satisfying than fame and fortune. The accounting professional must be skilled at implementing moral judgments so that he or she can consider the welfare of those affected by his or her actions. The ultimate measure of success is not fame and fortune, but moral character and personal integrity. The leadership of the accounting profession has a responsibility to inculcate in practitioners and students ethical behavior and personal integrity. Rules and regulations of government cannot preserve a free and ethical society whose people lack integrity.","PeriodicalId":297504,"journal":{"name":"Legislation & Statutory Interpretation","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122664196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 78

National Legislative Autonomy? The Procedural Constraints of European Law 国家立法自治?欧洲法的程序约束

Legislation & Statutory Interpretation Pub Date : 1998-06-01 DOI: 10.54648/leie1998002

J. Jans

引用次数: 3

The Treatment of Foreign Country Convictions as Predicates for Sentence Enhancement Under Recidivist Statutes 累犯法规对外国定罪作为减刑谓词的处理

Legislation & Statutory Interpretation Pub Date : 1994-10-01 DOI: 10.2307/1372868

Alex Glashausser

引用次数: 2

Asset Forfeiture and Third Party Rights: The Need for Further Law Reform 资产没收与第三人权利:进一步法律改革的必要性

Legislation & Statutory Interpretation Pub Date : 1989-11-01 DOI: 10.2307/1372518

Michael Goldsmith, M. Linderman

{"title":"Asset Forfeiture and Third Party Rights: The Need for Further Law Reform","authors":"Michael Goldsmith, M. Linderman","doi":"10.2307/1372518","DOIUrl":"https://doi.org/10.2307/1372518","url":null,"abstract":"Asset forfeiture has become an important weapon in the fight against narcotics trafficking and racketeering. ... Pearson addressed the constitutionality of Puerto Rico's civil forfeiture statute. ... Who had standing to assert it? For example, would a reasonable precautions defense be available to a bona fide purchaser who paid full value for a conveyance and neither knew, nor had reason to know, of any prior illegal use? Similarly, would the defense be available to a lienholder acting reasonably without knowledge of any impropriety? Such third party claimants seem to deserve more protection than an owner because they generally lack any opportunity to prevent illegal use of the conveyance. ... In 1970 Congress provided for criminal forfeiture in the newly enacted CCE and RICO statutes. CCE authorized forfeiture of assets linked to drug trafficking, and RICO extended asset forfeiture beyond narcotics trafficking to other racketeering activities as defined in the statute. ... By adopting a negligence test instead of some higher standard or one that distinguishes between types of third party claims, Congress has failed to adequately protect the third party interest. ...","PeriodicalId":297504,"journal":{"name":"Legislation & Statutory Interpretation","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1989-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122703701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

Advance Notice Provisions in Plant Closing Legislation: Do They Matter? 工厂关闭立法中的提前通知条款:它们重要吗?

Legislation & Statutory Interpretation Pub Date : 1988-06-01 DOI: 10.3386/W2611

Ronald G. Ehrenberg, George H. Jakubson

引用次数: 19