The Public Use of Private Interest


Book Description

According to conventional wisdom, government may intervene when private markets fail to provide goods and services that society values. This view has led to the passage of much legislation and the creation of a host of agencies that have attempted, by exquisitely detailed regulations, to compel legislatively defined behavior in a broad range of activities affecting society as a whole—health care, housing, pollution abatement, transportation, to name only a few. Far from achieving the goals of the legislators and regulators, these efforts have been largely ineffective; worse, they have spawned endless litigation and countless administrative proceedings as the individuals and firms on who the regulations fall seek to avoid, or at least soften, their impact. The result has been long delays in determining whether government programs work at all, thwarting of agreed-upon societal aims, and deep skepticism about the power of government to make any difference. Strangely enough in a nation that since its inception has valued both the means and the ends of the private market system, the United States has rarely tried to harness private interests to public goals. Whenever private markets fail to produce some desired good or service (or fail to deter undesirable activity), the remedies proposed have hardly ever involved creating a system of incentives similar to those of the market place so as to make private choice consonant with public virtue. In this revision of the Godkin Lectures presented at Harvard University in November and December 1976, Charles L. Schultze examines the sources of this paradox. He outlines a plan for government intervention that would turn away from the direct "command and control" regulating techniques of the past and rely instead on market-like incentives to encourage people indirectly to take publicly desired actions.




Public Interest and Private Rights in Social Media


Book Description

Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres.Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries.This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the 'continuum of transparency'; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. - Provides a guide to the key components of corporate and academic use of social media - Offers technological and non-technological, legal, and international perspectives - Considers socio-political impact and legal issues




Public Interest, Private Property


Book Description

At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.




Small Comforts for Hard Times


Book Description




Private Power, Public Law


Book Description

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.




Public Policy and Private Interest


Book Description

Public Policy and Private Interest explains the complexities of the policy making process in a refreshingly clear way for students who are new to this subject. The key topics it explains are: How policy originates, is refined, legitimised, implemented, evaluated and terminated in the forms of theoretical models of the policy process; Which actors and institutions are most influential in determining the nature of policy; The values that shape the policy agenda such as ideology, institutional self-interest and resource capabilities; The outcome of policies, and why they succeed or fail; The main policy theories including the very latest insights from network theory and post-modernism; How national policy is influenced by globalization. The text is fully illustrated throughout with a broad range of national and international case studies on subjects such as the banking crisis, the creation of unitary authorities and global environmental policy and regulation. Combining both a clear summary of debates and theories in public policy and a new and original approach to the subject, this book is essential reading for students of public policy and policy analysis.




A Question of Balance


Book Description

New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.




Public Rights and Private Interests


Book Description




Public Office, Private Interests


Book Description

“Public Office, Private Interests: Accountability through Income and Asset Disclosure” examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool. It draws on detailed case studies that are published in a companion volume: “Income and Asset Disclosure: Case Study Illustrations” The companion volume “Income and Asset Disclosure: Case Study Illustrations” includes case studies of the IAD systems in Argentina, Croatia, Guatemala, Hong Kong SAR, Indonesia, Jordan, the Kyrgyz Republic, Mongolia, Rwanda, Slovenia, and the United States. Case studies were conducted through review of the legal framework, desk research and interviews with practitioners, academics, and representatives of civil society. Each case study outlines the legal framework for the IAD regime, the mandate and structure of the IAD agency, and the resources and procedures of the IAD system. The characteristics of each system are highlighted along with other findings that illuminate the challenges faced in implementing the system, the steps taken, and the progress achieved by the IAD agency in fulfilling its mandate. There are a wide variety of approaches in IAD system design and implementation and a wide variety of challenges faced by different systems. New and emerging IAD systems may face challenges associated with resource and capacity constraints, political resistance to implementation, a lack of public awareness, or limited civil society capacity to support anticorruption efforts. Many established systems may also face the need to revise the legal framework, institutional arrangements, or enforcement mechanisms once it becomes apparent that original assumptions do not deliver expected results or unanticipated challenges emerge. There is no single optimal approach to IAD system design and implementation. Context is essential. These volumes do not, therefore, attempt to lay out a standard approach for IAD administration. Rather, they identify the objectives, features, and mechanisms that can contribute to the effectiveness of an IAD system and enhance its impact as a prevention and enforcement tool.




Water Law


Book Description

Softbound - New, softbound print book.