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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. -
Scott Gehlbach
Scott Gehlbach University of Chicago https://scottgehlbach.net Department of Political Science [email protected] Harris School of Public Policy Twitter: @sgehlbach EDUCATION Ph.D. in Political Science and Economics, University of California{Berkeley, 2003 Mancur Olson Award for Best Dissertation in Field of Political Economy M.A. in Economics, University of California{Berkeley, 2000 M.A. in Political Science, University of California{Berkeley, 1998 M.B.A., University of Michigan, 1991, graduated with distinction B.S. in Agricultural Economics, University of Illinois, 1989, graduated summa cum laude PROFESSIONAL POSITIONS University of Chicago Professor, Department of Political Science and Harris School of Public Policy, 2019{ present Sciences Po Visiting Professor, Department of Economics, 2019{2020 University of Wisconsin{Madison Professor, Department of Political Science, 2011{2019 Director, Center for Russia, East Europe, and Central Asia, 2018{2019 Associate Chair, Department of Political Science, 2012{2015 Associate Professor, Department of Political Science, 2008{2011 Assistant Professor, Department of Political Science, 2003{2008 Harvard University Visiting Professor, Department of Government, 2012 Senior Fellow, Davis Center for Russian and Eurasian Studies, 2011{2012 International Center for the Study of Institutions and Development, Higher School of Economics, Moscow Senior Research Fellow, 2011{2014 Centre for Economic and Financial Research, New Economic School, Moscow Visiting Scholar, 2001{2003, 2007{2008 University of California{Berkeley Research Assistant, Survey Research Center, 1999{2001 Central European University, Prague and Budapest Research Associate, CEU Labor Project, 1995{1997 Stanford University Visiting Fellow, Center for International Security and Arms Control, 1996 Research Assistant, Center for International Security and Arms Control, 1996 1 Institute of Sociology, Academy of Sciences{Czech Republic Visiting Scholar, 1995{1996 Central Europe Institute, Prague Senior Consultant, 1994{1995 Office of Congressman Thomas W. -
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. -
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. -
Kenneth F. Scheve, Jr. Department of Political Science Stanford
Kenneth F. Scheve, Jr. Department of Political Science Stanford University 616 Serra Mall Encina Hall West, Room 409 Stanford, CA 94305-6044 Email: [email protected] Web: http://scheve-research.stanford.edu/ Telephone: +1 650 497 9790 Fax: +1 650 723 1808 EDUCATION Ph.D., Political Science, Harvard University, November 2000 B.A. (Highest Honors), Economics, University of Notre Dame, May 1990 PROFESSIONAL EXPERIENCE Stanford University, Stanford, California Professor of Political Science, 2012-current Senior Fellow, Freeman Spogli Institute for International Studies, 2013-current Director of The Europe Center, 2013-2018 Yale University, New Haven, Connecticut Professor of Political Science, 2006-2012 Professor of International & Area Studies, 2007-2012 Co-Director of Leitner Program in International & Comparative Political Economy, 2008-2012 Director of Graduate Studies, Department of Political Science, 2006-2009 Assistant Professor of Political Science, 2001-2004 University of Michigan, Ann Arbor, Michigan Associate Professor of Public Policy 2004-2006 Center for Advanced Study in the Behavioral Sciences, Palo Alto, California Fellow, 2005-2006 London School of Economics, London, United Kingdom Visiting Research Associate, STICERD, Fall 2004 Bank of England, London, United Kingdom Research Fellow, International Economic Analysis Division, 2000-2001 DeLaSalle Education Center, Kansas City, Missouri Math Teacher, Alta Vista Alternative School, 1992 - 1994 Morgan Stanley & Co., Inc., New York, New York Financial Analyst, Commercial Bank Group, 1990 - 1992 Federal Reserve Bank of Kansas City, Kansas City, Missouri Intern, Economic Research Department, Summer1989 GRANTS & AWARDS 2018 David A. Lake Award for best paper presented at the 2017 International Political Economy Society annual meeting for “The Economic Origins of Authoritarian Values: Evidence from Local Trade Shocks in the United Kingdom” 2017-2018 Weidenbaum Center on the Economy, Government, and Public Policy, Washington University in St. -
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. -
Curriculum Vita
Curriculum Vita ABHIJIT VINAYAK BANERJEE DEPARTMENT: Economics DATE OF BIRTH: February 21, 1961 CITIZENSHIP: Indian National United States Permanent Resident EDUCATION INSTITUTION DEGREE DATE Harvard University Ph.D. 1988 Jawaharlal University M.A. 1983 New Delhi, India University of Calcutta B.Sc. 1981 Calcutta, India TITLE OF DOCTORAL THESIS: Essays in Information Economics FELLOWSHIPS AND HONORS: Honorary Visiting Professor, Institute of Development Studies Kolkata, 2006 D. Gale Johnson Lecture, University of Chicago, 2006 Michael Wallerstein Award, American Political Science Association, 2006 IEPR Distinguished Lecture, University of Southern California, 2006 Member, Council of the Econometric Society, 2004- American Academy of Arts and Sciences, Fellow, 2004- Kuznets Lecture, 2004, Yale University National Institutes on Aging Grant “Health Care and Health Status in Rajasthan, India” sub-grant under “Economics of Aging,” 2004 - 2009 Romesh Chandra Dutt Lecturer, 2003, Centre for Studies in Social Sciences, Calcutta. Distinguished Visitor, Washington University, St. Louis, 2003 National Science Foundation Grant “Inequality, Growth & Trade Polic,” 2002-2006 Malcolm Adeshesiah Award, 2001 Mahalanobis Memorial Medal, 2000, India Guggenheim Fellow, 2000 Fellow of the Econometric Society, 1996- Rev. 2/29/2008 National Science Foundation Grant, 1995-98 “Creativity Extension” of National Science Foundation Grant 1998-2000 MacArthur Foundation Grant under the Costs of Inequality Project, 1996-2002 Alfred P. Sloan Research Fellow, 1994-96 Institute for Policy Reform Junior Fellow, 1993 IRIS Scholar, 1993 PROFESSIONAL EXPERIENCE ACADEMIC POSITIONS 2003- Ford Foundation International Professor of Economics, M.I.T. 2003- Director, Abdul Latif Jameel Poverty Action Lab, M.I.T. 1996-2003 Professor of Economics, M.I.T. 1994-1996 Associate Professor of Economics, M.I.T. -
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. -
Scott Gehlbach
Scott Gehlbach University of Chicago https://scottgehlbach.net Department of Political Science [email protected] Harris School of Public Policy Twitter: @sgehlbach EDUCATION Ph.D. in Political Science and Economics, University of California–Berkeley, 2003 Mancur Olson Award for Best Dissertation in Field of Political Economy M.A. in Economics, University of California–Berkeley, 2000 M.A. in Political Science, University of California–Berkeley, 1998 M.B.A., University of Michigan, 1991, graduated with distinction B.S. in Agricultural Economics, University of Illinois, 1989, graduated summa cum laude PROFESSIONAL POSITIONS University of Chicago Professor, Department of Political Science and Harris School of Public Policy, 2019– present Sciences Po Visiting Professor, Department of Economics, 2019–2020 University of Wisconsin–Madison Professor, Department of Political Science, 2011–2019 Director, Center for Russia, East Europe, and Central Asia, 2018–2019 Associate Chair, Department of Political Science, 2012–2015 Associate Professor, Department of Political Science, 2008–2011 Assistant Professor, Department of Political Science, 2003–2008 Harvard University Visiting Professor, Department of Government, 2012 Senior Fellow, Davis Center for Russian and Eurasian Studies, 2011–2012 International Center for the Study of Institutions and Development, Higher School of Economics, Moscow Senior Research Fellow, 2011–2014 Centre for Economic and Financial Research, New Economic School, Moscow Visiting Scholar, 2001–2003, 2007–2008 University of California–Berkeley Research Assistant, Survey Research Center, 1999–2001 Central European University, Prague and Budapest Research Associate, CEU Labor Project, 1995–1997 Stanford University Visiting Fellow, Center for International Security and Arms Control, 1996 Research Assistant, Center for International Security and Arms Control, 1996 1 Institute of Sociology, Academy of Sciences–Czech Republic Visiting Scholar, 1995–1996 Central Europe Institute, Prague Senior Consultant, 1994–1995 Office of Congressman Thomas W.