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Measuring Social Welfare
Disputes over government policies rage in a number of areas. From taxation to climate change, from public finance to risk regulation, and from health care to infrastructure planning, advocates debate how policies affect multiple dimensions of individual well-being, how these effects balance against each other, and how trade-offs between overall well-being and inequality should be resolved. How to measure and balance well-being gains and losses is a vexed issue. Matthew D. Adler advances the debate by introducing the social welfare function (SWF) framework and demonstrating how it can be used as a powerful tool for evaluating governmental policies. The framework originates in welfare economic...
Retaking Rationality
That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of fede...
Happiness and the Law
Happiness and the law the two concepts seem to have little to do with one another. To some people, they may even seem diametrically opposed. Yet, one of the things that laws strive to do is improve the quality of people s lives. John Bronsteen and his coauthors draw on new research on happiness from psychology, economics, and neuroscience to understand the law s effects on peoplewhether they make them happy or unhappyand how good the law is at predicting these effects. Happiness research has shown that people can adapt to some things but not to others; that people often err in predicting what will make them happy; and that money affects most people s happiness less than is assumed. Using suc...
The Sustainability Revolution in International Trade Agreements
Once seen as aspirational and relatively innocuous, 'sustainability' or 'sustainable development' provisions are now changing the face of international trade agreements. The Sustainability Revolution in International Trade Agreements gathers fundamental, first-hand analyses of these novel commitments across dozens of agreements, considering their legal, political, and economic aspects. Drawing on perspectives from different parts of the world and engaging experts in the law and practice of sustainability provisions, this volume offers a comprehensive assessment of the latest developments and innovations in international trade agreements. It also evaluates the development challenges that sust...
The Expressive Powers of Law
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our underst...
Does Regulation Kill Jobs?
As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neith...
The Philosophy of Outer Space
This volume provides a rigorous philosophical investigation of the rationales, challenges, and promises of the coming Space Age. Over the past decade, space exploration has made significant and accelerating progress, and its potential has attracted growing attention from science, states, businesses, innovators, as well as the media and society more generally. Yet philosophical theorizing concerning the premises, values, meanings, and impacts of space exploration is still in its infancy, and this potentially immense field of study is far from mainstream yet. This book advances outer space philosophy by integrating key scientific and societal debates sparked by recent developments in space res...
The Role of International Environmental Law in Disaster Risk Reduction
In The Role of International Environmental Law in Disaster Risk Reduction, edited by Jacqueline Peel and David Fisher, expert authors from four continents offer perspectives on the growing intersection between environmental law and disaster risk management. Chapters discuss the potential for retasking environmental law tools and principles for purposes of mitigating the harms of potential disasters, including those exacerbated by climate change, and approaches for linking institutions and approaches across the environmental, climate adaptation and disaster risk management fields internationally. This book illustrates the blurring distinction between natural and manmade disasters and the consequences for legal norms and practice in the formerly distinct areas of international environmental law and international disaster law.
The Judge and the Proportionate Use of Discretion
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonablene...
The Ethics of Influence
In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.
