Reinventing the regulatory state

Article Abstract:

The regulatory system should be reformed to make the process less costly and more democratic. Executive oversight under the Office of Information and Regulatory Affairs within the Office of Management and Budget should be continued, with a focus on priority setting and coordination between regulatory agencies, a process begun under President Clinton's Executive Order 12866. Cost-benefit analysis should be supplemented by other methods that reflect public attitudes toward qualitative differences in risk. The trend toward information disclosure rather than command-and-control regulation should also accommodate democratic concerns.

Management, Planning, Powers and duties, Administrative procedure, Political reform, Delegated legislation, Risk perception, United States. Office of Management and Budget. Office of Information and Regulatory Affairs

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Behavioral analysis of law

Article Abstract:

Fresh input into the discipline of Law and Economics can come from social scientists' theories of decision-making and choice. The past generation's theories often lacked practical underpinnings which led to uneasy real world attempts at application. Inaccurate economic assumptions such as the belief that people are always motivated by self-interest should give way to actual information on behavior. Informing the discipline's theories with such information will allow for expansion into the next generation.

Analysis, Law and economics, Law and economics (Jurisprudence)

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Free speech now

Article Abstract:

A popular sovereignty perspective on free speech suggests that, as in the New Deal, some form of government regulation may enhance freedom of speech and that political expression should be protected more than other forms of speech. Viewing freedom of speech as a means to promote deliberative democracy offers a corrective to the current interpretation, which is unable to deal with issues such as regulation of broadcasting, campaign finance or hate speech.

Freedom of speech

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