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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Regulatory Bargaining and Public Law

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ISBN13: 9780521838924
ISBN: 0521838924
Published: August 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99
Paperback edition , ISBN13 9781107402553

Despatched in 7 to 9 days.

In this book, Professor Rossi 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.

In contrast, 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 new 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. The book presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.

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1. The scope of regulatory bargaining
Part I. Extending Incomplete Bargains from the Economics of the Firm to Public Governance:
2. Regulatory bargains and the stability of natural monopoly regulation
3. The incompleteness of regulatory law: moving beyond the 'small world' of natural monopoly regulation
4. Refin(anc)ing service obligations for a competitive environment
Part II. Incomplete Regulatory Bargains, Institutions, and the Role of Judicial Review in Deregulated Industries:
5. Deregulatory takings, incomplete regulatory bargains, and judicial review
6. Incomplete regulatory tariffs and the role of courts
7. Bargaining for state-assisted monopoly
8. Overcoming bargaining failures in a federalist system
9. Incomplete regulatory bargaining and the lessons for judicial review.