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This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wie...
You think you know why our government in Washington is broken, but you really don't. You think it's broken because politicians curry favor with special interests and activists of the Left or Right. There's something to that and it helps explain why these politicians can't find common ground, but it misses the root cause. A half century ago, elected officials in Congress and the White House figured out a new system for enacting laws and spending programs--one that lets them take credit for promising good news while avoiding blame for government producing bad results. With five key tricks, politicians of both parties now avoid accounting to us for what government actually does to us. While you...
After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. Schoenbrod, Stewart, and Wyman, distinguished scholars in the field of environmental law, identify the core problems with existing environmental statutes and programs and explain how Congress can fix them. Based on a project the authors led that incorporated the work of more than fifty leading environmental experts, this book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology.
In a series of illuminating and gripping anecdotes, a veteran environmentalist explains how his experiences as an environmental advocate have led him to the realization that allowing the Environmental Protection Agency to dictate to the nation is a mistake.
Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose r...
Proven HR strategies that can have a real impact on organizational success This book demonstrates how some of the world's most admired and prominent organizations are redefining HR leadership by using evidence-based change to inform human capital decisions that optimize efficiency, effectiveness and strategic impact. The authors present the five foundational principles to the new HR decision science: Logic-driven analytics, segmentation, risk leverage, synergy and integration and optimization. Includes practical suggestions and approaches to help executives put the book's principles into action Contains insight based on the experiences of leading global organization such as PNC Bank, CME Gro...
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He show...
In this book, legal scholars outline how and why the Supreme Court should revitalize the nondelegation doctrine—which has not been invoked since 1935. If the Court does so, it will protect the constitutional separation of powers and require Congress to make the difficult political decisions that a legislature should make in a democratic society.
They didn't start out as environmental warriors. Clair Patterson was a geochemist focused on determining the age of the Earth. Herbert Needleman was a pediatrician treating inner-city children. But in the chemistry lab and the hospital ward, they met a common enemy: lead. It was literally everywhere-in gasoline and paint, of course, but also in water pipes and food cans, toothpaste tubes and toys, ceramics and cosmetics, jewelry and batteries. Though few people worried about it at the time, lead was also toxic. In Toxic Truth, journalist Lydia Denworth tells the little-known stories of these two men who were among the first to question the wisdom of filling the world with such a harmful meta...