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Articles 1 - 23 of 23
Full-Text Articles in Law
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Robert Kagan
Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."
Trying To Have It Both Ways: Local Discretion, Central Control, And Adversarial Legalism In American Environmental Regulation, Robert Kagan
Trying To Have It Both Ways: Local Discretion, Central Control, And Adversarial Legalism In American Environmental Regulation, Robert Kagan
Robert Kagan
Compared to their counterparts abroad, US environmental regulatory regimes provide stronger rights of public participation, broader access to information concerning regulatory compliance, and easier access to the courts. These national differences are attributed to differences in governmental structure and in how regulatory responsibility is allocated among levels of government. The distinctive modes of fragmenting and checking governmental authority are cited to explain the characteristics of US environmental regulation: more detailed and complex legal requirements, and more protracted permitting processes. These procedural problems, it is argued, are not the inevitable consequences of federalism, but rather the desire to allow local and …
State Supreme Courts: A Century Of Style And Citation, Lawrence Friedman, Robert Kagan, Bliss Cartwright, Stanton Wheeler
State Supreme Courts: A Century Of Style And Citation, Lawrence Friedman, Robert Kagan, Bliss Cartwright, Stanton Wheeler
Robert Kagan
No abstract provided.
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Robert Kagan
This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …
The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan
The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan
Robert Kagan
No abstract provided.
Understanding Regulatory Enforcement, Robert Kagan
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
How Much Does Law Matter - Labor Law, Competition, And Waterfront Labor Relations In Rotterdam And U.S. Ports, Robert Kagan
Robert Kagan
In both the Netherlands & the US, law has helped rationalize the hiring of port labor & provide dockworkers greater security. However, US longshoremen have captured a larger share of the productivity gains flowing from the mechanization of cargo handling than have Dutch dockworkers. At the same time, the constraints imposed by US longshore unions have made container terminals in the US less efficient & more costly to users, as compared to Rotterdam terminals. These differences can in part be explained by US labor law, which encourages a more adversarial, self-seeking union posture than does the labor law structure in …
Adversarial Legalism: Tamed Or Still Wild, Robert Kagan
Adversarial Legalism: Tamed Or Still Wild, Robert Kagan
Robert Kagan
No abstract provided.
Market-Oriented Regulation Of Environmental Problems In The Netherlands, Gjalt Huppes, Robert Kagan
Market-Oriented Regulation Of Environmental Problems In The Netherlands, Gjalt Huppes, Robert Kagan
Robert Kagan
No abstract provided.
Do Lawyers Cause Adversarial Legalism--A Preliminary Inquiry, Robert Kagan
Do Lawyers Cause Adversarial Legalism--A Preliminary Inquiry, Robert Kagan
Robert Kagan
No abstract provided.
The Evolution Of State Supreme Courts, Robert Kagan, Bliss Cartwright, Lawrence Friedman, Stanton Wheeler
The Evolution Of State Supreme Courts, Robert Kagan, Bliss Cartwright, Lawrence Friedman, Stanton Wheeler
Robert Kagan
No abstract provided.
Introduction: Camparing National Styles Of Regulation In Japan And The United States, Robert Kagan
Introduction: Camparing National Styles Of Regulation In Japan And The United States, Robert Kagan
Robert Kagan
No abstract provided.
On Surveying The Whole Legal Forest, Robert Kagan
On Surveying The Whole Legal Forest, Robert Kagan
Robert Kagan
In response to comments posed by several legal scholars in a review symposium of his book 'Legalism: The American Way of Law,' Robert A. Kagan asserts that the book is not aimed to provide a systematic comparison between the legal system of the US and that of a particular country but it is for the large part a study of the American legal process. To stress his point, he goes on discussing the conceptualization of adversarial legalism, the evidentiary basis for the book's claims of American exceptionalism, the consequences of and evaluation of American adversarial legalism and the explanations of …
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson
Robert Kagan
No abstract provided.
On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen
On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen
Robert Kagan
No abstract provided.
The Business Of State Supreme Courts, 1870-1970, Robert Kagan, Bliss Cartwright, Lawrence Friedman, Stanton Wheeler
The Business Of State Supreme Courts, 1870-1970, Robert Kagan, Bliss Cartwright, Lawrence Friedman, Stanton Wheeler
Robert Kagan
No abstract provided.
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Robert Kagan
Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …
Should Europe Worry About Adversarial Legalism, Robert Kagan
Should Europe Worry About Adversarial Legalism, Robert Kagan
Robert Kagan
No abstract provided.
Social License And Environmental Protection: Why Businesses Go Beyond Compliance, Neil Gunningham, Robert Kagan, Dorothy Thornton
Social License And Environmental Protection: Why Businesses Go Beyond Compliance, Neil Gunningham, Robert Kagan, Dorothy Thornton
Robert Kagan
This article examines the concept of the corporate "social license," which governs the extent to which a corporation is constrained to meet societal expectations & avoid activities that societies (or influential elements within them) deem unacceptable, whether or not those expectations are embodied in law. It examines the social license empirically, as it relates to one social problem -- environmental protection -- & as it relates to one particular industry: pulp & paper manufacturing. It shows why the social license is important, the circumstances in which it may encourage companies to go "beyond compliance" with regulation, how its terms are …
What Socio-Legal Scholars Should Do When There Is Two Much Law To Study, Robert Kagan
What Socio-Legal Scholars Should Do When There Is Two Much Law To Study, Robert Kagan
Robert Kagan
No abstract provided.
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Robert Kagan
Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that“implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium-sized enterprises than it was to large ones. Most reputation-sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and …
Political And Legal Obstacles To Collaborative Ecosystem Planning, Robert Kagan
Political And Legal Obstacles To Collaborative Ecosystem Planning, Robert Kagan
Robert Kagan
No abstract provided.
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Do The Haves Come Out Ahead - Winning And Losing In State Supreme Courts, 1870-1970, Stanton Wheeler, Bliss Cartwright, Robert Kagan, Lawrence Friedman
Robert Kagan
No abstract provided.