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Author:   Francesca Bignami ,  David Zaring
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 16.90cm , Height: 3.10cm , Length: 24.40cm
Weight:   1.100kg
ISBN:  

9781788118538

ISBN 10:   1788118537
Pages:   608
Publication Date:   26 January 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: INTRODUCTION A New Field: Comparative Law and Regulation Francesca Bignami PART I THE REGULATORY STATE ACROSS THE GLOBE 1. The Historical Origins of American Regulatory Exceptionalism Reuel Schiller 2. Regulation in the European Union R. Daniel Kelemen 3. The Regulatory State in East Asia John Ohnesorge PART II RULEMAKING 4. Participation in the U.S. Administrative Process Wendy Wagner 5. Regulatory Procedure and Participation in the European Union Stijn Smismans PART III OVERSIGHT 6. Impact Assessment: Diffusion and Integration Jonathan B. Wiener and Daniel L. Ribeiro 7. Access to Information in the UK and India Ben Worthy PART IV ENFORCEMENT 8. The Campaign Enforcement Style: Chinese Practice in Context and Comparison Benjamin Van Rooij 9. Can Private Class Actions Enforce Regulations? Do They? Should They? Deborah R. Hensler PART V JUDICIAL REVIEW 10. Regulation and the Courts: Judicial Review in Comparative Perspective Francesca Bignami 11. Proportionality Review of Administrative Action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law 12. Structural Reform Litigation, Regulation and the Right to Health in Colombia Everaldo Lamprea, Lisa Forman and Audrey R. Chapman 13. The Law of Lawmaking: Positive Political Theory in Comparative Public Law Susan Rose-Ackerman, Stefanie Egidy and James Fowkes PART VI PRIVATE REGULATION AND NEW GOVERNANCE 14. The Troubling Conjunction of Public and Private Law Peter L. Strauss 15. Performance-Based Regulation: Concepts and Challenges Cary Coglianese 16. Transplanting Law in a Globalized World: Private Transnational Regulation and the Legal Transplant Paradigm Jodi L. Short PART VII INTERNATIONAL JURISDICTIONS 17. How the WTO Shapes the Regulatory State Gregory Shaffer 18. International Investment Law and Regulatory Governance Jason Yackee 19. The Emerging Post-Crisis Paradigm for International Financial Regulation David Zaring 20. The Integrated Administrative Law and Governance of the European Union Herwig C. H. Hofmann 21. Governing Disasters: The Challenge of Global Disaster Law and Policy Eric A. Feldman and Chelsea Fish Index

Reviews

Comparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' --Michael Asimow, Stanford Law School'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' --Mark Tushnet, Harvard Law School 'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' --Sidney Shapiro, Wake Forest University

‘The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring book provides both excellent introduction into these newest developments and a record of substantial research achievements.’ -- Martin Shapiro, University of California, Berkeley, School of Law, US ‘Comparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' -- Michael Asimow, Stanford Law School 'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' -- Mark Tushnet, Harvard Law School 'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' -- Sidney Shapiro, Wake Forest University

`The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring book provides both excellent introduction into these newest developments and a record of substantial research achievements.' -- Martin Shapiro, University of California, Berkeley, School of Law, US `Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' -- Sidney Shapiro, Wake Forest University, US `Comparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' -- Michael Asimow, Stanford Law School, US `This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' -- Mark Tushnet, Harvard Law School, US

Author Information

Edited by Francesca Bignami, Professor of Law, The George Washington University Law School, US and David Zaring, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania, US

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