Introduction

2021 ◽  
pp. 1-14
Author(s):  
John N. Drobak
Keyword(s):  
United States ◽  
Government Regulation ◽  
Institutional Economics ◽  
The United States ◽  
New Institutional Economics ◽  
Market Regulation ◽  
The Great Recession ◽  
Individual Mandate ◽  
The Government ◽  
The Individual

Chapter 1 explains that this book examines two economic “principles,” or beliefs, that have shaped the perception of the economic system in the United States today: (1) the belief that the U.S. economy is competitive, making government market regulation unnecessary, and (2) the belief that corporations exist for the benefit of their shareholders, but not for other stakeholders. Contrary to what many economists and policymakers believe, the chapter shows that numerous markets in the United States are not competitive and that the belief in shareholder primacy is not an economic principle but a normative notion. In addition, the belief in the existence of competitive markets is used to argue that market regulation is unnecessary because competition provides all the needed constraints. If there are no constraints from competition and no regulation, serious harm can result, as shown by the Great Recession of 2008. The chapter also points out that there never was a purely laissez-faire market economy. The real question is how much market regulation is desirable. It is often difficult to debate this issue because many people label any expansion of government regulation as socialism. In addition, some people just do not like being told what to do by the government. That was a principle reason for the objection to the individual mandate in the Affordable Care Act. The chapter then introduces the relationship between the two economic narratives and the millions of job losses this century, using lessons from the new institutional economics to analyze the issues.

scholarly journals Radio Spectrum Management and RFI in the United States

1991 ◽  
Vol 112 ◽  
pp. 174-175
Author(s):  
R. Marcus Price
Keyword(s):  
United States ◽  
Department Of Defense ◽  
Government Regulation ◽  
The United States ◽  
Radio Spectrum ◽  
Spectrum Management ◽  
Federal Communications Commission ◽  
Private Companies ◽  
The Government ◽  
Government Body

ABSTRACTIn the United States, civil common carrier telecommunications are provided by private companies, not by any agency of the government. Regulation of these services and spectrum management oversight is provided by the Federal Communications Commission (FCC), an agency of the government. Government telecommunications are operated by individual agencies, e.g. the Department of Defense, under the overall regulation of the Office of Spectrum Management of the National Telecommunications and Information Administration (NTIA), a government body separate from the FCC. In bands shared by the civil and government sectors, liaison and coordination is effected between the FCC and the NTIA.

Reverberations for American Indians, Native Hawai’ians, and Group Rights

2010 ◽  
Author(s):  
Martha Minow
Keyword(s):  
United States ◽  
Civil Rights ◽  
American Indians ◽  
Religious Identity ◽  
Equal Opportunity ◽  
The United States ◽  
Cultural Traditions ◽  
The Government ◽  
The 1960S ◽  
The Individual

Usually left out of discussions of school desegregation, the historic treatments of American Indians and Native Hawai’ians in the development of schooling in the United States was a corollary of conquest and colonialism. As late as the 1950s, forced assimilation and eradication of indigenous cultures pervaded what was considered the “education” of students in these groups. The social, political, and legal civil rights initiatives surrounding Brown helped to inspire a rights consciousness among Indian and Native Hawai’ian reformers and activists, who embraced the ideal of equal opportunity while reclaiming cultural traditions. Between the 1960s and 2007, complex fights over ethnic classification, separation, integration, and self-determination emerged for both American Indians and Native Hawai’ians. Their struggles, crucial in themselves, also bring to the fore a challenging underlying problem: are distinct individuals or groups the proper unit of analysis and protection in the pursuit of equality? The centrality of the individual to law and culture in the United States tends to mute this question. Yet in this country as well as elsewhere, equal treatment or equal opportunity has two faces: promoting individual development and liberty, regardless of race, culture, religion, gender, or other group-based characteristic, and protection for groups that afford their members meaning and identity. Nowhere is the tension between these two alternatives more apparent than in schooling, which involves socialization of each new generation in the values and expectations of their elders. Will that socialization direct each individual to a common world focused on the academic and social mobility of distinct individuals or will it inculcate traditions and values associated with particular groups? Even in the United States, devoted to inclusive individualism, the Supreme Court rejected a statute requiring students to attend schools run by the government and created exemptions from compulsory school fines when they burdened a group’s practices and hopes for their children. In Pierce v. Society of Sisters, the Court respected the rights of parents to select private schooling in order to inculcate a religious identity or other “additional obligations.”

scholarly journals Legal Comparisons Regarding the Content of Franchise Prospectus in Legal System of United States of America, Australia, Indonesia For Legal Protection of Frait Recipients in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 2779-2790
Author(s):  
Rika Githamala Ginting
Keyword(s):  
United States ◽  
Legal System ◽  
United States Of America ◽  
Comparative Research ◽  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
The United States ◽  
Research Results ◽  
The Government

The prospectus document is given as a consideration for the franchisee whether they want to participate in operating the franchise or not. Apart from being used as a medium to find out information about franchises, this prospectus is also a form of legal protection for franchisees. Article 7 of the Government Regulation on franchising regulates clauses that must be included in the prospectus. The regulations governing minimal clauses in this prospectus are quite minimal. Compared to the United States, which is the originating country for franchising and Australia, which follows the United States in regulating its franchises, Indonesia is still far behind in the preparation of its prospectus documents. The method used is the legal comparative research method because it is used to compare regulations in a country with other countries. The research results show that each prospectus minimum clause in Indonesia has its own objectives in terms of protecting prospective franchisees and franchisees. There are differences between the clauses that must be listed in the prospectus in the United States, Australia and Indonesia, where there are clauses that are regulated in the United States and Australia which are not regulated in the minimum clause of the prospectus in Indonesia, although there are differences, but there are also clauses that are the same regulated in the three countries, it's just that the explanation of the provisions has differences. Regarding whether Indonesia's prospectus is capable of, Indonesia's minimum clause has not been able to provide protection for franchisees in Indonesia.   

The First Amendment in the Digital Age

2020 ◽  
pp. 68-93
Author(s):  
Sam B. Edwards III
Keyword(s):  
United States ◽  
Social Media ◽  
First Amendment ◽  
18Th Century ◽  
Internet Access ◽  
The United States ◽  
Warning Signs ◽  
Legal Principles ◽  
The Government ◽  
The Individual

The United States is facing challenges in applying First Amendment principles from the 18th century to modern communications. This chapter examines cases where the government has intruded upon First Amendment rights. The first section examines when the government attempts to prevent protests by cutting internet access. This amounts to a digital gag and ear plugs for the protesters. Aside from cutting access to a single area, some governments have access to total internet “kill switches.” This allows unsurpassed censorship of speech. Now there are technical means installed in most phones that could allow governments to disconnect internet access at the individual phone. In the area of social media, the courts are struggling to identify what constitutes speech. For example, when is a “like” or a “wink” speech? Equally important, when can a political figure censor speech through blocking users on social media? These cases represent warning signs that the United States, just like other countries, is struggling to adapt eighteenth century legal principles to modern communication.

scholarly journals Business in the U.S. Democracy

2020 ◽  
Vol 42 (3) ◽  
pp. 169-191
Author(s):  
Emeric Solymossy
Keyword(s):  
United States ◽  
National Culture ◽  
Risk Taking ◽  
The United States ◽  
Innovative Behavior ◽  
Form Of Government ◽  
Business Confidence ◽  
The Government ◽  
The Individual ◽  
The U.S

This paper discusses a model of business in a “democracy” by identifying the three underlying concepts; the individual, the collective (society), and the government (system and mechanics).  Furthermore, each of these elements is also a multi-factor construct.  The foundations and development of the United States is discussed. The exploration, discovery and development of any new country require risk taking and innovative behavior, which was instrumental in the creation of heroes and myths, which shaped much of the culture. From this background, some of the principle characteristics of the entrepreneur are explored and correlated to some generally accepted measures of national culture.  The concepts are developed; their inter-relationships and the resulting dynamics are presented.  The foundation(s) and uniqueness of the U.S. form of democracy is explored as a government typology.  Data is presented exhibiting the variability of business confidence, and a conclusion is reached that the attitudes and policies of the government have a greater impact on business formation and success than the form of government.

scholarly journals Forensic Border Searches After Carpenter Require Probable Cause and a Warrant

2019 ◽  
pp. 507
Author(s):  
Christopher Pryby
Keyword(s):  
United States ◽  
Data Privacy ◽  
Electronic Devices ◽  
Supreme Court Decision ◽  
The United States ◽  
High Tech ◽  
Privacy Rights ◽  
Reasonable Suspicion ◽  
The Government ◽  
The Individual

Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split over what suspicion the government needs to conduct “forensic” searches that copy data for later inspection. This Note argues that the recent Supreme Court decision in Carpenter v. United States recognized a new balance of privacy rights at the border. Starting in United States v. Jones and continuing through Riley v. California and Carpenter, the Court has developed a theory of data privacy aimed at forestalling the government’s creation of a high-tech panopticon. This new theory, in the context of electronic searches at the border, requires that the balance of government and individual interests be struck in favor of the individual. Probable cause and a warrant, not merely reasonable suspicion, are necessary for a forensic search.

Belief Systems and Confirmation Bias

2021 ◽  
pp. 101-114
Author(s):  
John N. Drobak
Keyword(s):  
Government Regulation ◽  
Institutional Economics ◽  
Belief Systems ◽  
Confirmation Bias ◽  
New Institutional Economics ◽  
Prior Beliefs ◽  
Political Views ◽  
The World ◽  
The Government ◽  
The Relationship

Chapter 8 uses lessons from the new institutional economics and the concepts of confirmation bias and belief systems to explain why so many people are reluctant to change their views about the U.S. markets and about the desirability of additional government regulation. The chapter begins by describing the development of belief systems, the filter through which people see the world. It explains how people create mental models of the world to simplify things and how people use heuristics and rules of thumb to help make decisions. Once people develop their views of how the world works, confirmation bias makes it difficult to change them. People have a tendency to pay attention to the information that reinforces their prior beliefs and to disregard information that challenges them. In addition, the vast majority of people have much more to think about than the relationship between the market and the government, so they do not pay much attention to details. The chapter uses studies about the rigidity of political views as an example to show the difficulty in changing the public’s acceptance of the harm done to workers by mergers and outsourcing.

scholarly journals From Good Time Girl to Damsel in Distress: Protecting the British War Bride in the United States, 1944–1950

Genealogy ◽  
2020 ◽  
Vol 4 (4) ◽  
pp. 114
Author(s):  
Gail Savage
Keyword(s):  
United States ◽  
Social Dynamics ◽  
State Intervention ◽  
The United States ◽  
Good Time ◽  
Legal Advice ◽  
Wide Range ◽  
The Government ◽  
The Individual ◽  
War Bride

During the Second World War, the United Kingdom became an epicenter of transnational, especially transatlantic, marriages, but not all these marriages proved successful. As one disappointed English war bride on her way back home expressed herself, she was “Too shocked to bring her baby up on the black tracks of a West Virginia mining town as against her own home in English countryside of rose-covered fences.” This essay examines the government program developed to provide financial aid and legal advice to British women estranged from or abandoned by their American husbands from the passage of the 1944 Matrimonial Causes (War Marriages) Act to its winding down in 1950. The analysis draws upon a wide range of documents to survey the formulation and implementation of the government response and to consider some illustrative cases dealt with by British consular officials in the United States. These examples illuminate the gap between human behavior envisioned by policy-makers and the more varied behavior encountered by those who carried out the duties charged to them. The cases thus represent the nexus between state intervention and the individual experience of larger-scale social dynamics set off by war and the global movement of populations.

‘A Routh O’ Auld Nick-Nackets’ – the antiquarian collection of John Rae

2015 ◽  
Vol 36-37 (1) ◽  
pp. 163-183
Author(s):  
Paul Taylor
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Social Context ◽  
Moral Education ◽  
The United States ◽  
Representative Case ◽  
National Museums ◽  
The Individual ◽  
The University

John Rae, a Scottish antiquarian collector and spirit merchant, played a highly prominent role in the local natural history societies and exhibitions of nineteenth-century Aberdeen. While he modestly described his collection of archaeological lithics and other artefacts, principally drawn from Aberdeenshire but including some items from as far afield as the United States, as a mere ‘routh o’ auld nick-nackets' (abundance of old knick-knacks), a contemporary singled it out as ‘the best known in private hands' (Daily Free Press 4/5/91). After Rae's death, Glasgow Museums, National Museums Scotland, the University of Aberdeen Museum and the Pitt Rivers Museum in Oxford, as well as numerous individual private collectors, purchased items from the collection. Making use of historical and archive materials to explore the individual biography of Rae and his collection, this article examines how Rae's collecting and other antiquarian activities represent and mirror wider developments in both the ‘amateur’ antiquarianism carried out by Rae and his fellow collectors for reasons of self-improvement and moral education, and the ‘professional’ antiquarianism of the museums which purchased his artefacts. Considered in its wider nineteenth-century context, this is a representative case study of the early development of archaeology in the wider intellectual, scientific and social context of the era.

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