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This 2005 text explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. However, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents fresh opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process.
Public utilities --- Telecommunication --- Transportation --- Deregulation --- Law and legislation --- Law --- General and Others
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Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Federal government --- Constitutional law --- Judicial review --- States. --- Review, Judicial --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- States' rights (American politics)
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Energy industries --- Environmental law --- Law and economics --- Law and legislation
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