<p>Stephen Breyerβs book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulationβeconomic, legal, administrative, politicalβwhile addressing the complex problems of administering reg
Regulation and Its Reform
β Scribed by Stephen Breyer
- Publisher
- Harvard University Press
- Year
- 1982
- Tongue
- English
- Leaves
- 488
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
This book will become the bible of regulatory reform. No broad, authoritative treatment of the subject has been available for many years except for Alfred Kahn's Economics of Regulation (197O). And Stephen Breyer's book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation--economic, legal, administrative, political--while addressing the complex problems of administering regulatory agencies. Only a scholar with Judge Breyer's practical experience as chief counsel to the Senate Judiciary Committee could have accomplished this task. He develops an ingenious original system for classifying regulatory activities according to the kinds of problems that have called for, or have seemed to call for, regulation; he then examines how well or poorly various regulatory regimes remedy these market defects. This enables him to organize an enormous amount of material in a coherent way, and to make significant and useful generalizations about real-world problems.
Among the regulatory areas he considers are health and safety; environmental pollution, trucking, airlines, natural gas, public utilities, and telecommunications. He further gives attention to related topics such as cost-of-service ratemaking, safety standards, antitrust, and property rights. Clearly this is a book whose time is here--a veritable how-to-do-it book for administration deregulators, legislators, and the judiciary; and because it is comprehensive and superbly organized, with a wealth of highly detailed examples, it is practical for use in law schools and in courses on economics and political science.
β¦ Table of Contents
Contents
Introduction
The Object and Approach of This Book
Limitations
I A Theory of Regulation
1 Typical Justifications for Regulation
The Control of Monopoly Power
Rent Control or "Excess Profits"
Compensating for Spillovers (Externalities)
Inadequate Information
Excessive Competition: The Empty Box
Other Justifications
The Mixture of Rationales
2 Cost-or-Service Ratemak
The System
The Problems
Conclusion
3 Historically Based Price Regulation
The System
The Problems
Conclusion
4 Allocation under a Public Interest Standard
The System
Conclusion
5 Standard Setting
The System
Problems Inherent in the Process
Conclusion
6 Historically Based Allocation
The System
The Need for Exceptions
The Exception Process
Conclusion
7 Individualized Screening
The Food Additive Screening System
Problems with This Form of Regulation
Conclusion
8 Alternatives to Classical Regulation
Unregulated Markets Policed by Antitrust
Disclosure
Taxes
The Creation of Marketable Property Rights
Changes in Liability Rules
Bargaining
Nationalization
9 General Guidelines for Policy Makers
II Appropriate Solutions
10 Match and Mismatch
11 Mismatch: Excessive Competition and Airline Regulation
The Industry
Regulation
Harmful Effects of Regulation
Mismatch as Cause
An Alternative to Classical Regulation
Conclusion
12 Mismatch: Excessive Competition and the Trucking Industry
The Industry and Regulation
The Effects of Regulation
Alternatives to Classical Regulation
Conclusion
13 Mismatch: Rent Control and Natural Gas Field Prices
The Industry
Regulation
Adverse Effects
The Mismatch and the Shortage
The Mismatch and Natural Gas Allocation
Alternatives
Conclusion
14 Partial Mismatch: Spillovers and Environmental Pollution
The Problems of Standard Setting
Incentive-Based Systems: Taxes and Marketable Rights
Conclusion
15 Problems of a Possible Match: Natural Monopoly and Telecommunications
The Characteristics of the Longline Problem
The FCC's Response to the Problem
The Basic Choices
Conclusion
III Practical Reform
16 From Candidate to Reform
The Elements of Implementation
The Kennedy Hearings
Conclusion
17 Generic Approaches to Regulatory Reform
Better Personnel
Procedural Changes
Structural Change
Encouraging Substantive Refonn
Appendix 1 The Regulatory Agencies
Appendix 2 A Note on Administrative Law
Further Reading
Notes
Index
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