16. Industrial Relations Research And The American Policy-Making Process

2018 ◽  
pp. 257-266
2009 ◽  
Vol 34 (01) ◽  
pp. 5-29 ◽  
Author(s):  
Jeb Barnes

A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy‐making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy‐making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power.


2012 ◽  
pp. 83-88
Author(s):  
A. Zolotov ◽  
M. Mukhanov

А new approach to policy-making in the field of economic reforms in modernizing countries (on the sample of SME promotion) is the subject of this article. Based on summarizing the ten-year experience of de-bureaucratization policy implementation to reduce the administrative pressure on SME, the conclusion of its insufficient efficiency and sustainability is made. The alternative possibility is the positive reintegration approach, which provides multiparty policy-making process, special compensation mechanisms for the losing sides, monitoring and enforcement operations. In conclusion matching between positive reintegration principles and socio-cultural factors inherent in modernization process is provided.


2020 ◽  
Vol 29 (3) ◽  
pp. 135-171
Author(s):  
Jeong Ho Yoo ◽  
Yunju Yang ◽  
Ji Hye Choi ◽  
Seung Taek Lee ◽  
Rosa Minhyo Cho

Author(s):  
Michelle Belco ◽  
Brandon Rottinghaus

The president serves dual roles in the political system: one who “commands” by pursuing his or her agenda using unilateral orders and one who “administers” and who works to continue proper government function, often with the support of Congress. In a reassessment of the literature on unilateral power, this book considers the president’s dual roles during the stages of the policy-making process. Although presidents may appear to act “first and alone,” the reality is often much different. Presidents act in response to their own concerns, as well as assisting Congress on priorities and the need to maintain harmonic government function. The authors find support for both the model of an aggressive president who uses unilateral orders to push his or her agenda, head off unfavorable congressional legislation, and selectively implement legislation, and they find support for a unifying president who is willing to share management of government, support Congressional legislative efforts, and faithfully implement legislation. At the same time, presidents self-check their actions based on the ability of Congress to act to overturn their orders, through a shared sense of responsibility to keep government moving and out of respect for the constitutional balance. The shared nature of unilateral orders does not preclude an active president, as presidents remain strong, central actors in the political system.


1984 ◽  
Vol 3 (3) ◽  
pp. 487
Author(s):  
E. M. McLeay ◽  
Joan Higgins ◽  
Nicholas Deakin ◽  
John Edwards ◽  
Malcolm Wicks

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