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Research Handbook on Public Choice and Public Law
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Research Handbook on Public Choice and Public Law

9781847206749 Edward Elgar Publishing
Edited by Daniel A. Farber, Sho Sato Professor of Law and Anne Joseph O’Connell, Assistant Professor of Law, University of California, Berkeley, US
Publication Date: 2010 ISBN: 978 1 84720 674 9 Extent: 512 pp
Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy.

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Critical Acclaim
Contributors
Contents
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Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy.

Beginning with a critical introduction to the core tenets of public choice theory and concluding with comprehensive analyses of drug safety, energy regulation, and environmental law, the Handbook provides differing points of view on the foundations of these and a range of related subjects, including: direct democracy and its financial implications, the functioning of electoral processes, judicial behavior, and the structural differences between presidential and parliamentary systems. The Handbook’s knowledgeable contributors offer a rich, realistic view of how public policy is made that is accessible to a broad range of readers.

Summarizing much of the key literature in a range of major topics and framing that literature for open debates and further research, the Handbook is ideal for students and scholars of law, political science, and economics.
Critical Acclaim
‘. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.’
– Sanja Bogojević, Climate Law
Contributors
Contributors: D. Carpenter, S. Croley, D.A. Farber, E. Garrett, J.E. Gersen, T. Ginsburg, R.M. Hills, Jr, S. Issacharoff, T. Jacobi, J. Mashaw, L. Miller, A.J. O’Connell, B.D. Richman, J. Rossi, C.H. Schroeder, M.L. Stearns, M.C. Stephenson, J.B. Wiener
Contents
Contents:

Introduction: A Brief Trajectory of Public Choice and Public Law
Daniel A. Farber and Anne Joseph O’Connell

PART I: FOUNDATIONS
1. Public Law and Public Choice: Critique and Rapprochement
Jerry Mashaw

2. Interest Groups and Public Choice
Steven Croley

3. An Introduction to Social Choice
Maxwell L. Stearns

PART II: CONSTITUTIONAL LAW
4. Direct Democracy
Elizabeth Garrett

5. Democracy and Electoral Processes
Samuel Issacharoff and Laura Miller

6. Federalism and Public Choice
Roderick M. Hills, Jr

7. The Judiciary
Tonja Jacobi

8. Public Choice and Constitutional Design
Tom Ginsburg

PART III: AGENCY DESIGN AND ACTION
9. Statutory Interpretation by Agencies
Matthew C. Stephenson

10. Designing Agencies
Jacob E. Gersen

11. Mechanism Choice
Jonathan B. Wiener and Barak D. Richman

PART IV: SPECIFIC STATUTORY SCHEMES
12. Reputation, Information and Confidence: The Political Economy of Pharmaceutical Regulation
Daniel Carpenter

13. Public Choice, Energy Regulation and Deregulation
Jim Rossi

14. Public Choice and Environmental Policy
Christopher H. Schroeder

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