Regulatory Bargaining and Public Law

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  • Edition: Revised
  • Format: Paperback
  • Copyright: 2011-07-21
  • Publisher: Cambridge Univ Pr

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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.

Table of Contents

The scope of regulatory bargaining
Extending Incomplete Bargains from the Economics of the Firm to Public Governance
Regulatory bargains and the stability of natural monopoly regulation
The incompleteness of regulatory law: moving beyond the 'small world' of natural monopoly regulation
Refin(anc)ing service obligations for a competitive environment
Incomplete Regulatory Bargains, Institutions, and the Role of Judicial Review in Deregulated Industries
Deregulatory takings, incomplete regulatory bargains, and judicial review
Incomplete regulatory tariffs and the role of courts
Bargaining for state-assisted monopoly
Overcoming bargaining failures in a federalist system
Incomplete regulatory bargaining and the lessons for judicial review
Table of Contents provided by Publisher. All Rights Reserved.

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