scholarly journals Radio Regulation Revisited: Coase, the FCC, and the Public Interest

2003 ◽  
Vol 15 (4) ◽  
pp. 389-416 ◽  
Author(s):  
David A. Moss ◽  
Michael R. Fein
Keyword(s):  
Public Interest ◽  
Law And Economics ◽  
Federal Communications Commission ◽  
Coase Theorem ◽  
The Public ◽  
Broadcast Regulation ◽  
The Subject ◽  
Seminal Article

It is now more than forty years since Ronald Coase's seminal article on the Federal Communications Commission first appeared in the pages of the Journal of Law and Economics. The article remains important for a number of reasons, not least of which is that it offered his first articulation of the Coase Theorem. Of even greater importance for our purposes, the article literally redefined the terms of debate over American broadcast regulation, in both historical and contemporary treatments of the subject.

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

20. Mergers (1): introduction

2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Rapid Development ◽  
Merger Control ◽  
Digital Platforms ◽  
The Public ◽  
Foreign Acquisition ◽  
The Subject ◽  
National Governments ◽  
Key Industries ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

Professional Conduct and Practice

1973 ◽  
Vol 99 (2) ◽  
pp. 107-130
Author(s):  
H. F. Purchase
Keyword(s):  
Public Interest ◽  
Professional Services ◽  
General Effect ◽  
Professional Conduct ◽  
The Public ◽  
General Line ◽  
The Subject ◽  
Professional Guidance

The Council of the Institute has for some time thought it would be advisable that members should have the opportunity of discussing the difficult problems of professional conduct and practice at a sessional meeting, particularly since the report on the subject by the Monopolies Commission (A report on the general effect on the public interest of certain restrictive practices so far as they prevail in relation to the supply of professional services. Cmnd. 4463). Hence this present paper.Although the paper has been written by the present Chairman of the Institute's Professional Guidance Committee, and the main arguments are in general line with the views of that committee and of Council, the emphasis given to various points and the views on the detailed contents must be regarded as personal to the author.

17. Corporate rescue and liquidations in outline

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

scholarly journals THE PRINCIPLE OF EXPEDIENCY OF LAW INTERPRETATION

2020 ◽  
pp. 8-14
Author(s):  
S. V. Pryima
Keyword(s):  
Law Enforcement ◽  
Positive Result ◽  
Public Interest ◽  
Legal Responsibility ◽  
The Public ◽  
Procedural Law ◽  
Different Types ◽  
The Subject ◽  
Judicial Procedures ◽  
Optimal Set

In the article was investigated the principle of expediency of law interpretation. It is noted that the term “expediency” is close in meaning to the terms “optimality”, “rationality”, “efficiency”. Due to this the principle of expediency is seen in a general way as the principle which requires that the subject should achieve a useful, positive result with applying the optimal set of methods. It is established that the principle of expediency is realized in different branches and institutions of law. Particularly, in the civil procedural law such judicial procedures are based on this principle as examination, storage and provision of evidence, the appointment and realization of expertise, the association and dissociation of claims. It is also noted that the principle of expediency is important in punishing a person, in other words, it is the basis of legal responsibility. In this sphere, it consists in the individualization of punitive measures or punishment depending on the gravity of the offense, taking into account the offender's personality, his welfare and the circumstances of the action. The principle of expediency also means that the chosen measure is relevant to the purposes of responsibility. It is noted that the principle of expediency makes the requirements for conducting different types of legal activity – law-making, law-enforcement, and therefore, it is one of the main principles of law interpretative activity. It is emphasized that the basic idea of this principle is that the act should not be interpreted in the sense which makes it aimless, so, the act cannot be interpreted beyond the purpose for which it was adopted. In the article is also argued that a particular method of setting of a goal of a legal norm is a teleological (purposeful) mean of interpretation. The requirements of the principle of expediency include the aspiration of the public interest and the obligation to apply the verification of interpretative conclusions. The principle of expediency of law interpretation is defined as the interpretative principle, the essence of which is the aspiration of the subject of interpretation to achieve the goal, to obtain a useful, positive result from their activities by using the optimal set of methods for this purpose.

Effective Law from a Regulatory and Administrative Law Perspective

2018 ◽  
Vol 9 (3) ◽  
pp. 391-415 ◽  
Author(s):  
Maria DE BENEDETTO
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Law And Economics ◽  
Integrated Approach ◽  
Administrative Law ◽  
Sociology Of Law ◽  
The Public ◽  
Regulatory Perspective ◽  
Administrative Procedures ◽  
Behavioural Sciences

The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.

RELIEFS IN THE REPAYMENT OF PROPERTY TAX LIABILITIES, TAKING INTO ACCOUNT SPECIFIC LEGAL SOLUTIONS IN CONNECTION WITH THE SARSCOV2 PANDEMIC

2021 ◽  
Vol 1 (XXI) ◽  
pp. 185-198
Author(s):  
Tomasz Gwóźdź
Keyword(s):  
Public Interest ◽  
Property Tax ◽  
Economic Consequences ◽  
Legal Regulations ◽  
The Public ◽  
Tax Relief ◽  
Rules Of Procedure ◽  
The Subject ◽  
Special Solutions ◽  
Administrative Courts

The subject of the article is tax relief in the payment of property tax liabilities. Both solutions resulting directly from the Tax Code and those introduced in connection with the SARS CoV-2 epidemic and its economic consequences were taken into account. The types of discounts were discussed, as well as the conditions that must be met in order to apply them. It was indicated how to understand the important interest of the taxpayer and the public interest, referring to the decisions of administrative courts and the views of the doctrine. Special solutions for entrepreneurs in this regard were also analyzed separately. The most important rules of procedure for granting the requested tax reliefs are also presented. The article ends with conclusions and an attempt to evaluate the current legal regulations.

General Average (continued in v.13)

1866 ◽  
Vol 12 (6) ◽  
pp. 350-361
Author(s):  
Richard Morrison
Keyword(s):  
Social Science ◽  
Public Interest ◽  
National Association ◽  
The Other ◽  
The Public ◽  
Uniform System ◽  
Government Measure ◽  
General Average ◽  
The Subject ◽  
Foreign Governments

In the month of June, 1862, after the meeting of the second International General Average Congress held in London, a committee was constituted, “for the purpose of establishing one uniform system of general average throughout the mercantile world,” The meeting of the council of the National Association for the Promotion of Social Science, held in York in the autumn of 1864, set apart three days for the consideration of this branch of jurisprudence; and the 26th of September and two following days were occupied with the discussion of the various disputed points connected with the subject, under the presidencies of Sir James Wilde and Sir Fitzroy Kelly. The last-named gentleman, in closing the sitting, in the course of his speech gave his opinion as to the course to be pursued in order to give the force of law to the amendments which had been proposed, with the view to promote the uniformity which is so desirable in connection with the adjustment of claims for general average. He considered that “in order to obtain a legislative sanction to the code which had just been completed, it would be advisable to obtain the distinct approval of the leading commercial bodies, particularly the Chambers of Commerce in the great towns; and to obtain, if possible, assurances on the part of the foreign Governments that they would be prepared to adopt the code upon its adoption in this country. …If possible, the code or rules should be made a Government measure; failing this, it should be entrusted to at least two independent members, one of whom must be a mercantile man, representing a mercantile constituency, and the other a lawyer of eminence; and that it would be desirable to go to work at once, while the public interest was alive to the measure.”

Medical regulation for the public interest in the United Kingdom

2018 ◽  
pp. 77-92
Author(s):  
William Roche
Keyword(s):  
Health Care ◽  
United Kingdom ◽  
Public Interest ◽  
Historical Development ◽  
Medical Profession ◽  
The Public ◽  
Medical Regulation ◽  
High Profile ◽  
The United Kingdom ◽  
The Subject

Regulation of the medical profession has a long history in the United Kingdom but a number of high profile failures of National Health Service (NHS) organisations to deliver safe health care and the unlawful killing of more than 200 patients by one rogue doctor have led to a clamour for change. Many of these tragedies have been the subject of public inquiries and have created significant public disquiet about the role and effectiveness of the medical regulator. United Kingdom governments have responded to these inquiries by means of a combination of strengthening professional regulation and the introduction of new mechanisms of appeal against the sanctions imposed on doctors by tribunals. The historical development of medical regulation is reviewed and the more recent changes to address the public interest and crises in the confidence in the regulation of health care are described.

Privacy Rights and Satellite Broadcasts

1993 ◽  
Vol 27 (3) ◽  
pp. 384-414
Author(s):  
Jonathan Gillis
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
Practical Problem ◽  
Privacy Rights ◽  
The Public ◽  
News Broadcasts ◽  
Tv News ◽  
The Subject ◽  
The Law ◽  
Private Individual

The subject matter of this article is, at bottom, a practical problem. It accepts that people have a right to privacy and that this right should find proper protection in the law. It asks, simply, whether such protection is at all feasible given the particular technology of broadcast by satellite.For the purposes of investigating this problem several issues must be addressed. First is the nature of the violation of privacy involved. Our concern here is principally with TV news broadcasts. We begin from the point where the debate over “what is in the public interest versus what the public is interested in” has ended; there will be general consensus that the content of a certain broadcast represents a violation of an individual's privacy and one about which the law should do something. An example might be the filming in the public domain of a private individual caught in the shock of personal grief or tragedy. In such a case we would need to investigate the nature of the injury involved in any subsequent broadcast of these sounds and images, and to ask what dimension, if any, is added to this injury by their simultaneous broadcast across the globe.

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