Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh
Jun 2018
Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh
Robert B. Ahdieh
A central feature – if not the central feature – of legal scholarship today is analysis across divides.
It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.
For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Mar 2009
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Robert B. Ahdieh
Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Mar 2009
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Robert B. Ahdieh
Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Mar 2009
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Robert B. Ahdieh
Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Mar 2009
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Robert B. Ahdieh
Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Mar 2009
The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh
Robert B. Ahdieh
Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …
