Susan Rose-Ackerman

Susan Rose-Ackerman
Yale University | YU · Law and Political Science

Ph. D. Yale University

About

269
Publications
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Introduction
Susan Rose-Ackerman, is the Henry R. Luce Professor of Law, emerita, Yale University. Her research fields are Political Economy, Comparative Politics and Comparative Administrative Law. Their current projects are "Corruption and Government". and "Policymaking Accountability in Comparative Perspective".

Publications

Publications (269)
Article
Full-text available
La pandemia del coronavirus ha generado incentivos a la corrupción, al fraude y a la auto-contratación que pueden ser explicados mediante los incentivos político-económicos que se tratan en el trabajo. Tres características de la crisis de la COVID-19 son especialmente importantes. En primer lugar, el rápido desarrollo de la pandemia y la correlativ...
Article
Full-text available
The coronavirus pandemic has created incentives for corruption, fraud, and self-dealing that can be explained by the underlying political-economic incentives at work. Three characteristics of the COVID-19 crisis are especially important. First, the rapidly unfolding pandemic and the accompanying economic recession have led to fierce competition for...
Chapter
The Cambridge Companion to Comparative Constitutional Law - edited by Roger Masterman October 2019
Chapter
The article by Ray Fisman and Edward Miguel, “Corruption, Norms, and Legal Enforcement” illustrates an important strategy for empirical researchers to use when faced with difficult-to-study topics. It should inspire others to be similarly creative in locating usable data that can be an alternative to randomized controlled trials. Such trials, altho...
Book
La segunda edición de Corrupción y gobierno actualiza el libro de Susan Rose-Ackerman de 1999 con el fin de abordar temas emergentes y repensar viejas cuestiones a la luz de nuevos datos. El libro analiza la explosión de trabajos de investigación que se produjo tras la caída del muro de Berlín, la fundación de Transparencia Internacional y la decis...
Article
Since his election, Donald Trump has introduced significant measures undermining existing administrative law doctrines in ways that could restructure policy-making procedures. These deregulatory actions, taken through executives orders or presidential appointments, have increasingly diminished the technocratic expertise needed to implement public p...
Article
Corruption is a complex and contested concept that raises difficult ethical and legal issues at the borderline between individuals’ public and private roles. What is appropriate or required in one role may be inappropriate or even illegal in another. Based on these concepts of role and responsibility, I begin this essay by analyzing three cases tha...
Chapter
Corruption is often intertwined with international organized crime and is facilitated by money laundering. Self-reinforcing spirals of corruption occur when organized crime infiltrates state institutions. Criminal activity may become so intertwined with corrupt politics and legitimate business, that it is difficult to tell them apart. Cooperation a...
Article
In 2002, János Kornai and the author organized a project that sought to confront distrust, corruption, and dishonesty in the transition economies of Eastern Europe. In refl ecting on that project, this essay highlights present-day weaknesses in the region's transition and stresses equally troubling developments in the United States that could make...
Chapter
Rose-Ackerman’s collaborations build on her single-authored works and her collaborations have been diverse and mostly one-shot. She has collaborated with senior and junior colleagues including her students, and people with unique knowledge of particular countries. Comparative law and poltics are especially appropriate for collaborative efforts.
Article
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Capitalism and law go together in Geoffrey M. Hodgson's comprehensive analysis of the intellectual history and practical development of the capitalist system in Western Europe and North America. Given the breadth and depth of Professor Hodgson's reading in political economy and his reflections on its implications for the present and future of globa...
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The normative goals of governance reform are twofold: more effective public policies, and procedures that are legitimate and accountable to the citizenry. Often the phrase “good governance” is intertwined with the anticorruption agenda. Drawing on the author's experience as a visiting researcher at the World Bank and as a scholar of both corruption...
Article
Advances in estimating the costs and benefits of climate change policies are a welcome development, but a full-scale cost/benefit analysis that seeks to reduce complex value trade-offs to a single metric of net benefit maximization hides many important public policy issues, especially for disasters and catastrophes that are large, discontinuous, ir...
Book
Description Contents Resources Courses About the Authors The second edition of Corruption and Government updates Susan Rose-Ackerman's 1999 book to address emerging issues and to rethink old questions in light of new data. The book analyzes the research explosion that accompanied the fall of the Berlin Wall, the founding of Transparency Internation...
Article
Full-text available
Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic – a collection that aims to stimulate research across legal systems and scholarly disciplines. After a set of historical reflections, the authors consider key topics a...
Chapter
Full-text available
Studies of corruption provide much evidence on both the causes and consequences of corruption, and yet progress remains strikingly limited on the conditions under which these causes may be relevant and these consequences occur. If an anti-corruption reform successfully attenuates corruption in one context, should we expect the same to occur elsewhe...
Book
What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and "reforms" that are mere facades. Other contributions examine co...
Chapter
Many claim that ‘a fish rots from the head down’—meaning that corrupt elites are the engine that engenders and entrenches systemic corruption.1 That may be one mechanism, but is that the only possibility? Can a country with a corrupt ruler have a civil service that operates honestly in its day-to-day interactions with citizens? Conversely, can an h...
Chapter
Statutes, treaties, and ‘soft-law’ initiatives seek to constrain bribery in international business transactions. Some claim that these anti-corruption instruments harm the United States national interest. Though hard statistics are unavailable, we argue that critics have overstated the negative impacts and neglected the potential benefits.
Article
The legitimacy of modern states depends on the ability of democratic institutions to reflect citizens' preferences and values and on the state's abiliy to use technical expertise competently. Legitimacy has a threefold character based on rights, democratic responsiveness, and competence. We argue that courts can help reconcile these competing aspec...
Article
Impact assessment (IA)in France highlights the tensions between traditional administrative law and modern trends. The expertise of the bureaucracy and its insulation from politics sought to further republican views of the public interest. In principle, IA could be a modern route to that goal. However, faith in the civil service has eroded, and the...
Article
The Blame Game: Spin, Bureaucracy, and Self-Preservation in Government. By Hood Christopher . Princeton, NJ: Princeton University Press, 2010. 224p. $46.95 cloth, $22.95 paper. - Volume 12 Issue 1 - Susan Rose-Ackerman
Article
The increasing interest in impact assessment procedure in France highlights the tensions between the traditional conceptions of administrative law and the contemporary trends. The public service expertise and its isolation from day-to-day political matters traditionally aims to protect the French republican approach of general interest facing parti...
Book
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democrac...
Article
The Politics of Precaution by David Vogel, and the edited volume, The Reality of Precaution each compare the United States with Europe over a range of regulatory areas. Vogel claims that the US and Europe changed places in recent years with Europe becoming more precautionary than the US. The edited volume covers a wider range of topics and finds th...
Article
Full-text available
Policymaking in government ministries and agencies is the inevitable result of the complex and technical nature of modern policy issues. This reality creates a puzzle: How can policymaking inside the executive remain true to democratic values? We confront this question through an analysis of modern pressures on French public law. We ask if the US a...
Article
Policies designed to improve the quality of life for the poor and to spur economic growth often fail. A program that succeeds in one country or even in one village may not work in another. Promising experiments may not be capable of replication and may be impossible to scale up to cover an entire country. Reformers are told: “One size does not fit...
Chapter
The challenges to constitutional law raised by the modern administrative state take contrasting forms in presidential and parliamentary systems. This article focuses on the differences between the US presidential system and the procedural requirements of its Administrative Procedure Act (APA), on the one hand, and parliamentary democracies where th...
Article
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International institutions’ role in controlling corruption is necessarily limited. Nevertheless, well-executed international efforts can benefit ordinary people and may help domestic and global businesses. Efforts to reduce corruption ought to be linked to the ultimate goals of economic development, government legitimacy, and international competit...
Article
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This book, COMPARATIVE ADMINISTRATIVE LAW, is the first in the series RESEARCH HANDBOOKS IN COMPARATIVE LAW available from Edward Elgar Publishing. Edited by Susan Rose-Ackerman (Yale) and Peter L. Lindseth (University of Connecticut), this volume represents a broad, multi-method approach to the topic of comparative administrative law, combining pe...
Article
— Impact Study and Cost‑Benefit analysis : Implications in Drawing Up Public Policies and Legislative Reforms — Impact studies are now part of the legislative process in France. On this occasion, the author presents the U.S. experience. First of all, her analysis addresses the economic and non‑economic values taken into account in impact studies. S...
Book
Full-text available
Volume Two of the International Handbook on the Economics of Corruption presents a comprehensive, detailed, and in-depth analysis of corruption as well as its economic and policy implications... It will be a valuable resource not only for experts and students of corruption studies, but also for public officials, NGO employees, and scholars of econo...
Article
Corruption has serious economic and social costs and can undermine government legitimacy. Economic analysis can help one understand the incentives for bribery and extortion and the deterrent effect of the law. Such analysis suggests that the law in many jurisdictions ought to be redesigned. Penalties are poorly tied to the marginal benefits of brib...
Article
Full-text available
Policymakers need to reassess the role of cost-benefit analysis (CBA) in regulatory review. Although it remains a valuable tool, a number of pressing current problems do not fit well into the CBA paradigm. In particular, climate change, nuclear accident risks, and the preservation of biodiversity can have very long-run impacts that may produce cata...
Article
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Presidential power is difficult to control through formal institutional checks. Even where constitutional and statutory limits exist, Presidents often seek to work around them. For example, independently elected Presidents may invoke the separation of powers as a justification for acting unilaterally without checks from the legislature, the courts,...
Article
The concept of corruption is contested in some quarters, requiring an analysis of deep questions defining the relationship between state and society. This essay introduces these issues by confronting the seemingly disparate views of free market libertarians and of those ethnographers who study corruption as an aspect of state/society relations. Bot...
Article
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Administrative law is a key determinant of legitimate executive-branch policy making. Democracies cannot realistically limit policy making to the legislature. Delegation under broad, framework statutes is essential for effective government, but it does not eliminate the need for democratic responsiveness. Those interested in strengthening democracy...
Article
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Independently elected presidents invoke the separation of powers as a justification to act unilaterally without checks from the legislature, the courts, or other oversight bodies. Using the cases of Argentina and the Philippines, we demonstrate the negative consequences for democracy arising from presidential assertions of unilateral power. In both...
Article
Introduction Most LAC countries have democratic constitutions, functioning bureaucracies, and professional judiciaries. The institutions are in pLACe, but their operation varies widely across the region. Some institutions function well in some countries, sometimes surpassing the performance of those in comparable, wealthier countries. Others, howev...
Book
This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and th...
Article
Administrative law is a key determinant of legitimate executive-branch policy making. Democracies cannot realistically limit policy making to the legislature. Delegation under broad, framework statutes is essential for effective government, but it does not eliminate the need for democratic responsiveness. Those interested in strengthening democracy...
Article
Political Institutions under Dictatorship. By GandhiJennifer. Cambridge: Cambridge University Press. 2008. 256 p. $85.00. - Volume 7 Issue 3 - Susan Rose-Ackerman
Article
Cambridge Core - Comparative Politics - From Elections to Democracy - by Susan Rose-Ackerman
Chapter
This chapter examines the impact of bilateral investment treaties (BITs) on foreign direct investment (FDI). It introduces the basic theoretical framework developed in Bubb and Rose-Ackerman (2007) and in Tobin and Rose-Ackerman (2008), and then summarizes the empirical finding of Tobin and Rose-Ackerman. It offers some thoughts on the rise of the...
Article
Administrative law is deeply intertwined with government policymaking and politics. Yet administrative law scholarship sometimes seems detached from contemporary political and economic reality and from the day-to-day problems of public administration. The current project of the author bridges these gaps, and looks for common themes where the perspe...
Conference Paper
Elections serve two functions in representative democracies. First, they select political actors who enact public policies in the light of constituents' preferences. Second, they permit citizens to hold their representatives accountable and to punish them if they enrich themselves in corrupt or self-serving ways. In other words, elections provide b...
Chapter
Elections serve two functions in representative democracies. First, they select political actors who enact public policies in the light of constituents’ preferences. Second, they permit citizens to hold their representatives accountable and to punish them if they enrich themselves in corrupt or self-serving ways. In other words, elections provide b...
Article
Government policymakers need to be accountable to citizens, but much government policymaking occurs in ministries that are imperfectly monitored and controlled by the popularly elected legislature. There are good reasons for such delegation, grounded in the expertise of officials and the scarce time of legislators, but the affirmative justification...
Article
Corruption in international business deals is especially troubling. It can produce short-term gains for some of the country's citizens by requiring the international firm to share its profits with the corrupt rulers. In a broader perspective, however, it substitutes for tax revenues and over time can discourage investments that further economic gro...
Article
This book suggests how high levels of corruption limit investment and growth can lead to ineffective government. Developing countries and those making a transition from socialism are particularly at risk, but corruption is a worldwide phenomenon. Corruption creates economic inefficiencies and inequities, but reforms are possible to reduce the mater...
Chapter
Corruption is an archetypal topic for students of public choice. It brings together the private search for economic gain with the government’s efforts to supply public goods, correct market failures, and aid the needy. Public choice’s insistence on viewing politicians and government bureaucrats as motivated by the same economic interests as private...
Article
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We study the effects of economic and political integration by presenting a model in which firms compete with each other in both an economic market — where they produce a good and compete for market share — and in a political (rent seeking) market — where they compete for transfers from the government. Growth is driven by firms' cost-reducing innova...
Article
In the United States, federal courts have been extraordinarily important in constraining and monitoring the development of the modern regulatory state. The existing literature helps one to understand why delegation accompanied by judicial review takes place and how the interests of political, bureaucratic, and judicial actors interact with institut...
Chapter
In a democracy, politicians and other policymakers are supposed to be accountable to voters.1 But even in a direct democracy, not everyone will agree on the best policy. Even after dialogue and discussion, citizens may disagree about what to do, so that states need acceptable procedures to resolve conflicts. Voting rules are one way to make public...
Chapter
Bribery is a form of rent-seeking meant to induce officials to serve private interests. Principal–agent relations are at the heart of the economic analysis of the subject. Bribery undermines government functioning by influencing electoral outcomes, lowering the benefits from public contracts, distorting the allocation of public benefits and costs,...
Article
Bilateral investment treaties (BITs) provide international standards for the protection of foreign investment. Andrew Guzman has argued that BITs represent a prisoner's dilemma for developing countries—they would have been better off operating under customary international law. We formalize and critique Guzman's claim and demonstrate that a prisone...
Article
Full-text available
The OECD Anti-Bribery Convention charges States Parties with sanctioning overseas bribes paid by their firms. In late 2006 the British government, claiming an implicit national security exception, halted a bribery investigation directed at BAE Systems. This action raises the question of the nature of such exceptions in international law. Many treat...
Article
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We study the role of political (dis)integration in the determination of economic performance. We present a model in which …rms interact in both the economic market -where they compete for market share -and in the political market -where they compete for transfers from the government. Competition has positive e¤ects in both markets: it induces cost-...
Article
The new European Union member states in Eastern Europe do not have fully consolidated democracies. True, popularly elected legislatures are responsible for lawmaking, and citizens can challenge the case-by-case implementation of the law. But most statutes are not self-implementing. Before they can be put into effect, governments need to issue gener...
Chapter
Effective solutions to pressing global problems depend upon both good policies and effective institutions. No policy can succeed if a country's public and private institutions are corrupt and dysfunctional. True, some countries are able to function in spite of pervasive corruption, but corruption and poverty go together, and even viable corrupt cou...
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This paper presents a taxonomy of accountability and the rule of law with respect to both substance and process. It begins with efforts to establish "law and order" under the criminal law and with the use of the law to deal with abuses of the past regime. Next, the paper discusses law as an organizer of private eco- nomic activity. Following this d...
Article
Political risk frequently impedes the flow of capital into developing countries. In response, governments often adopt innovative institutions that aim to attract greater flows of international investment and trade by changing the institutional environment and limiting the risk to outside investors. One primary example of this is the Bilateral Inves...
Book
'This exhaustive collection, edited by Rose-Ackerman, cannot be called anything but excellent. . . . Overall, a wonderful addition to the literature. Highly recommended.'
Article
Full-text available
Electoral rules and constitutional structures can influence the level of political corruption. We show that proportional representation (PR) systems are more susceptible to corrupt political rent-seeking than plurality systems. We argue that this result depends on the different loci of rents in PR and plurality systems, and on the monitoring diffic...
Article
Judicial Review and Bureaucratic Impact: International and Interdisciplinary Perspectives. Edited by Marc Hertogh and Simon Halliday. New York: Cambridge University Press, 2004. 328p. $90.00 cloth, $39.99 paper. The impact of judicial decisions on bureaucracy is poorly understood. Some claim that court judgments have little or no effect. In contras...
Book
The countries of Central Europe in the first round for admission to the European Union have all established constitutional, electoral democracies and market economies. However, much remains to be done to achieve fully consolidated democratic states. This study documents the weaknesses of public oversight and participation in policymaking in Hungary...
Book
The transition to democracy in Central and Eastern Europe is not complete. The process by which governments make policy is often closed and difficult to penetrate. Frequently, only a few insiders are consulted, and even when the process is more oprn, short time limits and bureaucratic resistance make the process opaque to ordinary citizens. Drawing...

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Question (1)
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I am on your site as Susan Rose-Ackerman, but researchgate lists me incorrectly as S.R. Ackerman, but only for the book in the question. Please change my name on this publication

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Projects

Projects (3)
Project
Publication in several languages of the second edition of Susan Rose-Ackerman's 1999 classic, "Corruption and Government: Causes, Consequences, and Reform"
Project
1) Edited conference volume with Peter Lindseth and Blake Emerson 2) book manuscript on comparative administrative law and public policymaking
Project
This paper examines the links between corruption, organized crime and money laundering. We argue that anti-corruption efforts should be supported by anti-organized crime and anti-money laundering initiatives, and that law enforcement should be trained in all three, or that independent offices addressing each should cooperate and coordinate. We explore the initiatives of international organizations like the World Bank and propose further ways that the international community can contribute to the fight against corruption, organized crime, and money laundering.