The Inversion of Rights and Power
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A Revisionist History of Regulatory Capture WILLIAM J
This chapter will appear in: Preventing Regulatory Capture: Special Interest . Influence and How to Limit it. Edited by Daniel Carpenter and David Moss. Copyright © 2013 The Tobin Project. Reproduced with the permission of Cambridge University Press. Please note that the final chapter from the Cambridge University Press volume may differ slightly from this text. A Revisionist History of Regulatory Capture WILLIAM J. NOVAK A Revisionist History of Regulatory Capture WILLIAM J. NOVAK PROFESSOR, UNIVERSITY OF MICHIGAN SCHOOL OF LAW The idea of regulatory capture has controlled discussions of economic regulation and regulatory reform for more than two generations. Originating soon after World War II, the so-called “capture thesis” was an early harbinger of the more general critique of the American regulatory state that dominated the closing decades of the 20th century. The political ramifications of that broad critique of government continue to be felt today both in the resilient influence of neoliberal policies like deregulation and privatization as well as in the rise of more virulent and populist forms of anti-statism. Indeed, the capture thesis has so pervaded recent assessments of regulation that it has assumed something of the status of a ground norm – a taken-for-granted term of art and an all-purpose social-scientific explanation – that itself frequently escapes critical scrutiny or serious scholarly interrogation. This essay attempts to challenge this state of affairs by taking a critical look at the emergence of regulatory capture theory from the perspective of history. After introducing a brief account of the diverse intellectual roots of the capture idea, this essay makes three interpretive moves. -
Ernst Freund, Felix Frankfurter and the American Rechtsstaat: a Transatlantic Shipwreck, 1894-1932
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2009 Ernst Freund, Felix Frankfurter and the American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932 Daniel R. Ernst Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/18 “Ernst Freund, Felix Frankfurter and the American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932.” Studies in American Political Development 23 (October 2009): 171-88. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Administrative Law Commons, and the Banking and Finance Law Commons GEORGETOWN LAW Faculty Publications October 2009 Ernst Freund, Felix Frankfurter and the American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932 23 Stud. Am. Pol. Dev. 171-88 (2009) Daniel R. Ernst Professor of Law Georgetown University Law Center [email protected] This paper can be downloaded without charge from: Scholarly Commons: http://scholarship.law.georgetown.edu/facpub/18/ Posted with permission of the author As the Emergency Economic Stabilization Act made its way through Congress in the fall of 2008, one repeatedly voiced complaint was the enormous, judicially unreviewable discretion it vested in Treasury Secretary Henry Paulson as he acquired up to $700 billion of assets and securities on the government’s behalf. “We’re essentially creating a King Henry here who is going to be able to buy any type of financial instrument he wants from any financial institution anywhere in the world,” complained Congressman John Culberson, a Republican from Texas. -
1 May 23, 2016 David Keanu Sai, Ph.D.* 1.1. This Report Is Provided
WAR CRIMES REPORT: HUMANITARIAN CRISIS IN THE HAWAIIAN ISLANDS May 23, 2016 David Keanu Sai, Ph.D.* 1. PRELIMINARY STATEMENT 1.1. This Report is provided as an addendum to the Hawaiian Complaint submitted to the United Nations Human Rights Council, by email, on May 23, 2016, in accordance with article IV—Complaint Procedure of the annex to Human Rights Council resolution 5/1, in order for the Council to be seized of the situation in the Hawaiian Islands of consistent patterns of gross and reliably attested violations of humanitarian law, human rights law and fundamental freedoms. Additionally, paragraph 2 of the annex provides that “given the complementary and mutually interrelated nature of international human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.” 1.2. These violations of humanitarian law and human rights law arise out of the prolonged and illegal occupation of the entire territory of the Hawaiian Kingdom by the United States of America (United States) since the Spanish- American War on August 12, 1898, and the failure on the part of the United States to establish a direct system of administering the laws of the Hawaiian Kingdom during the occupation. The United States disguised its occupation of the Hawaiian Kingdom as if a treaty of cession acquired the Hawaiian Islands and thereby extinguished the Hawaiian Kingdom as an independent and sovereign State. There is no treaty. 1.3. For the past 123 years, the United States has committed a serious international wrongful act and deliberately misled the international community that the Hawaiian Islands had been incorporated into the territory of the United States. -
A History of the Adoption of the Maryland Executive Budget Amendment by Richard E
A History of the Adoption of the Maryland Executive Budget Amendment By Richard E. Israel March 5, 2004 Annapolis, Maryland (This paper will be posted in the near future on the archivesofmaryland.net website of the Maryland State Archives) 1 I. Introduction In 1904 the General Assembly appropriated $1,000 for a tombstone for and a portrait of Governor Thomas G. Pratt whose three-year term as governor expired in 1848 and who died in 1869. The tombstone that marks the former governor’s grave in St. Anne’s Cemetery on College Creek in Annapolis has this singular inscription: “He saved the credit and upheld the honor of this State.” This remarkable tribute in granite honors executive leadership that was instrumental in averting insolvency when the state was unable to repay the money it had borrowed to invest in the Baltimore and Ohio Railroad, the Chesapeake and Ohio Canal, and other works of internal improvement in the 1820s and 1830s. One result of this financial crisis was the adoption of the debt clause of the 1851 Constitution which, then and now, limits the legislature’s power to create debt by requiring that bond bills levy a tax for their redemption. In seeking support for the appropriation to honor the memory of Governor Pratt, the chief sponsor, Delegate Edward Goslin of Caroline County, referred to the former governor’s imperishable work which was the cornerstone of the state’s prosperity at the beginning of the twentieth century. However, eight years after making this speech, Mr. Goslin was serving as a member of the Maryland Senate and was warning that history was about to repeat itself. -
American Political Science Review
AMERICAN POLITICAL SCIENCE ASSOCIATION AMERICAN POLITICAL SCIENCE REVIEW AMERICAN https://doi.org/10.1017/S0003055418000060 . POLITICAL SCIENCE https://www.cambridge.org/core/terms REVIEW , subject to the Cambridge Core terms of use, available at 08 Oct 2021 at 13:45:36 , on May 2018, Volume 112, Issue 2 112, Volume May 2018, University of Athens . May 2018 Volume 112, Issue 2 Cambridge Core For further information about this journal https://www.cambridge.org/core ISSN: 0003-0554 please go to the journal website at: cambridge.org/apsr Downloaded from 00030554_112-2.indd 1 21/03/18 7:36 AM LEAD EDITOR Jennifer Gandhi Andreas Schedler Thomas König Emory University Centro de Investigación y Docencia University of Mannheim, Germany Claudine Gay Económicas, Mexico Harvard University Frank Schimmelfennig ASSOCIATE EDITORS John Gerring ETH Zürich, Switzerland Kenneth Benoit University of Texas, Austin Carsten Q. Schneider London School of Economics Sona N. Golder Central European University, and Political Science Pennsylvania State University Budapest, Hungary Thomas Bräuninger Ruth W. Grant Sanjay Seth University of Mannheim Duke University Goldsmiths, University of London, UK Sabine Carey Julia Gray Carl K. Y. Shaw University of Mannheim University of Pennsylvania Academia Sinica, Taiwan Leigh Jenco Mary Alice Haddad Betsy Sinclair London School of Economics Wesleyan University Washington University in St. Louis and Political Science Peter A. Hall Beth A. Simmons Benjamin Lauderdale Harvard University University of Pennsylvania London School of Economics Mary Hawkesworth Dan Slater and Political Science Rutgers University University of Chicago Ingo Rohlfi ng Gretchen Helmke Rune Slothuus University of Cologne University of Rochester Aarhus University, Denmark D. -
Are Drugs Destroying Sport?
Can C 0 U n t r i e s Fin d Coo per a tiD n Ami d the R u i nos 0 feD n f lie t ? ARE DRUGS IN THI S IS SUE DESTROYING The Gann Years: Colm Connolly '91 Wins Hail to "The Counselor" A Retrospective High-Profile Murder Case Sonja Henning '95 SPORT? Page 8 Letters to the Editor If you want to respond to an article in Duke Law, you can e-mail the editor at [email protected] or write: Mirinda Kossoff Duke Law Magazine Duke University School of Law Box 90389 Durham, NC 27708-0389 , a Interim Dean's Message Features Ethnic Strife: Can Countries Find Cooperation Amid the Ruins of Conflict? .. ..... ... ...... ...... ...... .............. .... ... ... .. ............ 2 The Gann Years: A Retrospective .. ............. ..... ................. .... ..... .. ................ ..... ...... ......... 5 Are Drugs Destroying Sport? .. ..................................... .... .. .............. .. ........ .. ... ....... .... ... 8 Alumni Snapshots Colm Connolly '91 Wins Conviction and Fame in High-Profile Murder Case ................... .................. ... .. ..... ..... ... .... .... ...... ....... ....... ..... 12 Sonja Henning '95: Hail to "The Counselor" on the Basketball Court ........................ .. 14 U.N. Insider Michael Scharf '88 Puts International Experience to Work in Academe ................................... ..................... ... .............................. ....... 15 Faculty Perspectives Q&A: Can You Treat a Financially Troubled Country Like a Bankrupt Company? .. ..... ... 17 The Docket Professor John Weistart: The Man -
Privacy, Police Power, and the Growth of Public Power in the Early Twentieth Century: a Not So Unlikely Coexistence Carol Nackenoff
Maryland Law Review Volume 75 | Issue 1 Article 11 Privacy, Police Power, and the Growth of Public Power in the Early Twentieth Century: A Not So Unlikely Coexistence Carol Nackenoff Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons, Fourth Amendment Commons, and the Legal History Commons Recommended Citation 75 MD. L. REV. 312 (2015) This Symposium is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. PRIVACY, POLICE POWER, AND THE GROWTH OF PUBLIC POWER IN THE EARLY TWENTIETH CENTURY: A NOT SO UNLIKELY COEXISTENCE ∗ CAROL NACKENOFF The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury.1 Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent.2 Louis Brandeis and Samuel Warren published The Right to Privacy in the Harvard Law Review in 1890 because they were concerned that the modern era provided inadequate safeguards for protection of the private realm and the “right to one’s personality.”3 With the emerging recognition of a “man’s spiritual nature,” feelings, and intellect, came the acknowledgement of “the right to enjoy life—the right to be let alone.”4 Brandeis and Warren argued that if thoughts, emotions, and sensations demanded legal protection, that the common law was beautifully capable of © 2015 Carol Nackenoff. -
Edmund J. James Lecture on Government
1/lBR.ARY OF THE UNIVERSITY Of ILLINOIS 320.4 H6e 1945-47 Return this book on or before the Latest Date stamped below. A charge is made on all overdue books. University of Illinois Library L161—H41 Digitized by the Internet Archive in 2011 with funding from University of Illinois Urbana-Champaign http://www.archive.org/details/edmundjjameslect04univ EDMUND J. JAMES LECTURES ON GOVERNMENT FOURTH SERIES President Edmund Janes James (From portrait by Ralph Clarkson, 1919) EDMUND J. JAMES LECTURES ON GOVERNMENT FOURTH SERIES UNIVERSITY OF ILLINOIS PRESS URBANA, ILLINOIS 1947 CONTENTS Introductory Note The Strategy and Politics of Raw Materials in Peace and War, by W. Y. Elliott, Professor of Govern- ment, Harvard University; Vice-Chairman, War Production Board Disputes before Organs of the United Nations, by Manley O. Hudson, Bemis Professor of Interna- tional Law, Harvard Law School ; Formerly Judge of the Permanent Court of International Justice . 51 J Force or Persuasion in International Relations, by Herman Finer, Professor of Political Science, University of Chicago; Sometime Consultant, In- ternational Labor Organization 73 v rO O { 5 1 INTRODUCTORY NOTE The three following lectures form the fourth series delivered at the University of Illinois on a foundation established in 1935 by Mrs. George E. Frazer of Winnetka, Illinois, as a memorial to her father, the late Edmund Janes James, Presi- dent of the University from 1904 to 1920. Under the terms of the gift the lecturers are chosen by a committee selected from the professors of political science and economics. The first series of lectures, published in 1938, included a "Biographical Note on President James," by Evarts B. -
A Comparative Review of Traditional and New Public Administration and Critique of New Public Management Yorid Ahsan Zia ∗ and M
A Comparative Review of Traditional and New Public Administration and Critique of New Public Management Yorid Ahsan Zia ∗ and M. Zeb Khan ∗∗ Abstract The problems of collective nature have always received a good deal of attention from politicians, economists, and academicians in an attempt to seek solutions that ensure efficient utilization of resources for prosperity and progress of the present generation without compromising the future generations to meet their needs. Keeping this end in view, many approaches have been advocated at different times ranging from market economy to welfare state to the most recent focus on public-private partnership. Each approach offers some benefits as well as costs. This study is an attempt to look deeply into both traditional approach to public administration and New Public Management (NPM) with special focus on their similarities and differences in addition to critically examining some assertions associated with NPM. The aim is to build on the strengths of both approaches and overcome their weaknesses for serving the rising expectations of citizens properly. Keywords: Public administration; New public management; Efficiency; Effectiveness Introduction Public administration has been in practice since the dawn of human civilization but it is nascent as an academic field. It constitutes the government machinery and is supposed to implement policies formulated in response to public aspirations and needs. The success of governments, therefore, depends to a greater extent on how public administration effectively and efficiently meets the changing demands of the society. The emergence of public administration as a field of scientific inquiry began with the seminal article of Woodrow Wilson titled, “the study of administration”.1 He argued that it is difficult to run modern complex governments without thorough ∗ Dr. -
From Progressivism to Paralysis Philip K
THE YALE LAW JOURNAL FORUM JANUARY 6, 2021 From Progressivism to Paralysis Philip K. Howard abstract. The Progressive Movement succeeded in replacing laissez-faire with public over- sight of safety and markets. But its vision of neutral administration, in which officials in lab coats mechanically applied law, never reflected the realities and political tradeoffs in most public choices. The crisis of public trust in the 1960s spawned a radical transformation of government operating systems to finally achieve a neutral public administration, without official bias or error. Laws and regulations would not only set public goals but also dictate precisely how to implement them. The constitutional protections of due process were expanded to allow disappointed citizens, employ- ees, and students to challenge official decisions, even managerial choices, and put officials to the proof. The result, afer fify years, is public paralysis. In an effort to avoid bad public choices, the operating system precludes good public choices. It must be rebuilt to honor human agency and reinvigorate democratic choices. introduction In January 2020, University of Washington epidemiologists were hot on the trail of COVID-19.1 Virologist Alex Greninger had begun developing a test soon afer Chinese officials published the viral genome. But he needed Food and Drug Administration (FDA) approval to deploy his test in-house. Greninger spent 100 hours filling out an application for an FDA “emergency use authorization” 1. See Shawn Boburg, Robert O’Harrow Jr., Neena Satija & Amy Goldstein, Inside the Corona- virus Testing Failure: Alarm and Dismay Among the Scientists Who Sought to Help, WASH. POST (Apr. -
Professor Ernst Freund and Debs V. United States Harry Kalven Jr
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1973 Professor Ernst Freund and Debs v. United States Harry Kalven Jr. Follow this and additional works at: http://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Harry Kalven, Jr., "Professor Ernst Freund and Debs v. United States," 40 University of Chicago Law Review 235 (1973). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The University of Chicago Law Review VOLUME 40 NUMBER 2WINTER 1973 Ernst Freund and the First Amendment Tradition Professor Ernst Freund and Debs v. United States Harry Kalven, Jr.t The decision in Debs v. United States1 was handed down by the United States Supreme Court some fifty-four years ago. It is happily no longer good law; it is not likely to become law again. It is with little exception not studied in the law schools, and it is rarely cited or noted in even the more elaborate casebooks or treatises on constitutional law.2 It might seem, therefore, an antiquarian indulgence for a busy law review to devote some pages to it, especially for the primary purpose of reprinting an article from the New Republic, an article which is also fifty-four years old.3 But the opinion in Debs was written by Justice Holmes; and the article in the New Republic is a criticism of the case written by Ernst Freund. -
Recent Publications of Political Interest Books and Periodicals
RECENT PUBLICATIONS OF POLITICAL INTEREST BOOKS AND PERIODICALS BY CLAEENCE A. BERDAHL University of Illinois AMERICAN GOVERNMENT AND PUBLIC LAW Books Adams, James T. The founding of New England. Pp. 482. Boston. Atlantic Monthly Press. Bassett, John S., ed. Selections from the Federalist. Pp. 331. N. Y., Scribner's. Charming, Edward. History of the United States. Vol. 5, 1815-1848. N. Y., Macmillan. Comstock, Alzada. State taxation of personal incomes. Pp. 246. Columbia Univ. Studies. Crowell, Benedict and Wilson, R. F. The armies of industry. 2 vols. Yale Univ. Press. Hasse, Adelaide R. Index to United States documents relating to foreign affairs, 1828-1861. Part III. Washington, Carnegie Institution. Hoffman, John H. Taxation of federal, state, and municipal bonds. N. Y. John H. Hoffman. Hotchkiss, Willard E., and Seager, Henry R. History of the shipbuilding labor adjustment board, 1917-1919. (Bull. No. 283, Bureau of Labor Statistics.) Pp. 107. Washington. Howland, Harold. Theodore Roosevelt and his times: a chronicle of the pro- gressive movement. (Chronicles of Am. Series.) Pp. 289. New Haven, Yale Univ. Press. Lambert, Edouard. Le gouvernement des juges et la lutte contre la legislation sociale aux Etats-Unis. Pp. 276. Paris, Giard. Loeb, Isidor, and Shoemaker, Floyd C, eds. Journal Missouri constitutional convention of 1875. 2 vols. Pp. 1-509; 510-954. Columbia, Mo., State Hist. Society of Missouri. Lowry, Edward G. Washington close-ups. Boston, Houghton Mifflin Co. McCombs, William F. Making Woodrow Wilson president. N. Y., Fairview Pub. Co. Macdonald, William. A new constitution for new America. N. Y., Huebsch. Mayers, Lewis. The federal service.