Demystifying the Concept of State Or Regulatory Capture from a Theoretical Public Economics Perspective
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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. -
From Corruption to State Capture: a New Analytical Framework With
PRQXXX10.1177/1065912916639137Political Research QuarterlyFazekas and Tóth 639137research-article2016 Article Political Research Quarterly 2016, Vol. 69(2) 320 –334 From Corruption to State Capture: © 2016 University of Utah Reprints and permissions: sagepub.com/journalsPermissions.nav A New Analytical Framework with DOI: 10.1177/1065912916639137 Empirical Applications from Hungary prq.sagepub.com Mihály Fazekas1,2 and István János Tóth3 Abstract State capture and corruption are widespread phenomena across the globe, but their empirical study still lacks sufficient analytical tools. This paper develops a new conceptual and analytical framework for gauging state capture based on microlevel contractual networks in public procurement. To this end, it establishes a novel measure of corruption risk in government contracting focusing on the behavior of individual organizations. Then, it identifies clusters of high- corruption-risk organizations in the full contractual network of procuring authorities and their suppliers using formal social network analysis. Densely connected clusters of high-corruption-risk organizations are denoted as the domain of state capture. The paper demonstrates the power of the new analytical framework by exploring how the radical centralization of the governing elite following the 2010 elections in Hungary affected centralization of state capture. Findings indicate the feasibility and usefulness of such microlevel approach to corruption and state capture. Better understanding the network structure of corruption and -
Understanding Regulatory Capture: an Academic Perspective from the United States
Chapter 2 Understanding Regulatory Capture: An Academic Perspective from the United States Lawrence G. Baxter Duke Law School In the wake of the Financial Crisis of 2008, the About the Author: Lawrence Baxter is professor of huge Deepwater Horizon oil spill in 2010, and practice of law in the Duke Law School. He has published other industrial catastrophes, the media and extensively in the areas of United States and global academic journals are now replete with charges of banking and regulation; and administrative law. He began that industries have captured their regulators. his academic career at the University of Natal in South Africa, where he held tenure from 1978 to 1984. In 1995, There are well-documented reports of constantly Baxter joined Wachovia Bank in Charlotte, NC, serving revolving doors in which the regulators and the first as special counsel for Strategic Development and regulated frequently change places, of huge later as corporate executive vice president, founding amounts spent by industries in lobbying both Wachovia’s Emerging Businesses and Insurance Group legislators and regulators, and of close social and its first eBusiness Group. He served as chief eCommerce officer for Wachovia Corporation from 2001 relationships that exist between senior regulators to 2006 before returning to Duke in 2009. and executives. A recent Bloomberg BusinessWeek profile describes the “chummy relationship” between the chairman of Citigroup, Sometimes it seems almost as if the United States Dick Parsons, and the Secretary of the United Treasury (not to mention the staff of the White States Treasury, Timothy Geithner, whom Parsons House itself) is run by a cadre of officials who apparently calls “Timmy” – a term that one were either recently members of Goldman Sachs leading Wall Street analyst observes ‘does not or who had spent most of their waking hours exactly acknowledge the authority of the interacting with the CEOs of Goldman, JP Morgan, Secretary, a post once occupied by Alexander 1 Citi and other New York banking giants. -
Corruption and Oversight in Latin America
Corruption and Oversight in Latin America Juan Manuel Galán Pachón Senator - Colombia 0. Introduction. It is clear that corruption has gradually come to the forefront in the global public agenda due to the extent of the phenomenon, similar conducts in other countries and the transnational character that the problem has gradually acquired. The seriousness of the issue is underscored by the establishment of GOPAC and by meetings such as these. The intuitive strategy to address corruption is to be found in aggressive enforcement policies (new definitions of criminal offences, longer sentences and the elimination of subrogees), as well as in the introduction of greater controls over the activities of civil servants and state contractors. Oversight, as a strategy, plays a specific preventative role since the accompanying mechanisms dissuade corrupt individuals and make corruption increasingly complex and costly. Oversight also helps detect operations, i.e. it helps identify signs that may underlie instances of corruption and therefore undertake more efficient investigations. In this context, we will offer a summary of the reports prepared on corruption in Latin America, identify the incentives that lead to corruption and briefly report on the current status of congressional or parliamentary oversight in the region. 1. Reports on Corruption in Latin America 1.1 Transparency International – Corruption Perceptions Index1 The 2009 Corruption Perceptions Index (CPI) prepared by Transparency International attributed a high risk of corruption to -
State Capture Assessment Diagnostics in the Western Balkans 2020: Risks and Policy Options Policy Brief No
State Capture Assessment Diagnostics in the Western Balkans 2020: Risks and Policy Options Policy Brief No. 10, July 2020 State Capture Assessment Diagnostics in the Western Balkans 2020: Risks and Policy Options SELDI policy brief no. 10, July 2020 State Capture Assessment Diagnostics in the Western Balkans 2020: Risks and Policy Options 3 State Capture Assessment Diagnostics in the Western Balkans 2020: Risks and Policy Options SELDI policy brief no. 10, July 2020 z As noted in the European Commission progress reports, despite continuous advancement of good governance, state capture mechanisms remain at unacceptable levels in the Western Balkans. Developing effective methods to address them before EU accession is an essential prerequisite to successful enlargement. z In 2019 - 2020 SELDI has piloted for the first time in the region a reliable metric for monitoring state capture. The State Capture Assessment Diagnostics (SCAD) provides insights into state capture enablers, key affected economic sectors and risks of monopolisation across the region. z The pilot SCAD assessment in the Western Balkans has shown that although none of the countries is close to full state capture, i.e. authoritarian rule, they exhibit critical impairments in democratic and economic checks and balances. Some economic sectors require particular attention, as they are likely sources of concentration of power and capture. z SCAD data suggests that the main challenge for the countries in the region remains in the form of state capture enablers, such as media control, corruption in the judiciary, lack of integrity of public organisations, lack KEY POINTS: KEY of impartiality and inadequate anti-corruption procedures. -
The Case of Hungary Introd
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Corvinus Research Archive CORVINUS JOURNAL OF SOCIOLOGY AND SOCIAL POLICY VOL.8 (2017)3S, 255-281. DOI: 10.14267/CJSSP.2017.3S.11 CONTINUITY OR DISRUPTION? CHANGING ELITES AND THE EMERGENCE OF CRONYISM AFTER THE GREAT RECESSION – THE CASE OF HUNGARY JÓZSEF PÉTER MARTIN1 ABSTRACT After a short theoretical overview about the interplay between institutions and elites, the paper analyses the economic performance operationalized by the GDP and the quality of governance in Hungary in comparative perspective, considering two milestones, namely, the impact of the Great Recession, and the change of government in 2010. The role of elites and elite moves are revealed in these developments. In Hungary, the local crisis started before the Great Recession as the slide of the quality of governance and mismanagement of the economic policy can be observed since the accession to the EU. The paper elaborates the disruptive nature of the system built after 2010 with a special focus to the schemes of corruption and cronyism. Finally, the paper confronts the political elite’s endeavors with some perceptions of the population. KEYWORDS: institutionalism, elites, corruption, cronyism, economic development, quality of governance INTRODUCTION Democratic backsliding and the rise of populism throughout Central and Eastern Europe have been subject to vast academic and policy research in the past years (e.g. Kornai 2015, Pappas 2014, Freedom House 2014, Transparency International Hungary 2017). The surge of populism and the impact of the global crisis have put at stake the democratic polity and institutions established in 1 József Péter Martin PhD, is executive director of Transparency International Hungary and senior lecturer at Corvinus University of Budapest (CUB). -
State Capture Analysis: How to Quantitatively Analyze The
DISCUSSION PAPER No. 2 June 2019 Governance Global Practice State Capture Analysis: Public Disclosure Authorized How to Quantitatively Analyze the Regulatory Abuse by Business-State Relationships Andreas Fiebelkorn Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized This series is produced by Governance Global Practice of the World Bank. The papers in this series aim to provide a vehicle for publishing preliminary results on Governance topics to encourage discussion and debate. The findings, interpretations, and conclusions expressed in this paper are entirely those of the author(s) and should not be attributed in any manner to the World Bank, to its affiliated organizations, or to members of its Board of Executive Directors or the countries they represent. Citation and the use of material presented in this series should take into account this provisional character. For information regarding the Governance Discussion Paper Series, please contact contact: Ayse Boybeyi, at aboybeyi@ worldbank.org © 2019 The International Bank for Reconstruction and Development / The World Bank 1818 H Street, NW Washington, DC 20433 All rights reserved ABSTRACT Abundant qualitative evidence reveals how public and private actors abuse regulations to seek rents, impede reforms, and distort the economy. However, empirical evidence of such behavior, including its economic costs, remains limited. For that reason, the objective of this paper is to help practitioners who seek to quantitatively analyze state capture make better use of experience, methodologies, and potential data sources. Based on a comprehensive body of existing empirical studies, it provides guidance to analyze state capture and its impact on the economy. Chapter 1 discusses the concept of state capture and its relevance for economic development. -
Corruption Perceptions Index 2020
CORRUPTION PERCEPTIONS INDEX 2020 Transparency International is a global movement with one vision: a world in which government, business, civil society and the daily lives of people are free of corruption. With more than 100 chapters worldwide and an international secretariat in Berlin, we are leading the fight against corruption to turn this vision into reality. #cpi2020 www.transparency.org/cpi Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of January 2021. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts. ISBN: 978-3-96076-157-0 2021 Transparency International. Except where otherwise noted, this work is licensed under CC BY-ND 4.0 DE. Quotation permitted. Please contact Transparency International – [email protected] – regarding derivatives requests. CORRUPTION PERCEPTIONS INDEX 2020 2-3 12-13 20-21 Map and results Americas Sub-Saharan Africa Peru Malawi 4-5 Honduras Zambia Executive summary Recommendations 14-15 22-23 Asia Pacific Western Europe and TABLE OF CONTENTS TABLE European Union 6-7 Vanuatu Myanmar Malta Global highlights Poland 8-10 16-17 Eastern Europe & 24 COVID-19 and Central Asia Methodology corruption Serbia Health expenditure Belarus Democratic backsliding 25 Endnotes 11 18-19 Middle East & North Regional highlights Africa Lebanon Morocco TRANSPARENCY INTERNATIONAL 180 COUNTRIES. 180 SCORES. HOW DOES YOUR COUNTRY MEASURE UP? -
Elements of State Capture in Serbia
Elements of State Capture in Serbia Case studies in two sectors Executive summary Within Transparency International’s research project on possible state capture in several South-East European countries, Transparency Serbia investigated elements and patterns of this worrying phenomenon in two specific sectors: urban planning in the capital city of Belgrade and the functioning of public enterprises in the energy sector. Urban planning in the capital city of Belgrade based on private and political interests Urban city planning in Belgrade, Serbia’s capital city, is being captured by the interests of private investors – and more precisely by the interests of those that are closely linked with the ruling political elite. Although Serbia has rules and regulations on urban planning that envisage the preparation of expert studies, public consultation and approval of plans in the city council, in reality those plans are in most significant cases adapted or even adopted in the first place with major purpose being to serve particular interests. While Belgrade city has a long history of abuse as regards construction permits, changing of land purposes and unifying of parcels, and non-transparent urban planning in general, participants in such corruptive arrangements have usually tried to stay hidden when violating the rules or abusing legal loopholes. Since 2012, the promotion and support of private interests has been presented by the political leaders of Serbia and of the city of Belgrade as a matter of prime national interest. For the purpose of the “Belgrade Waterfront” project (with a size of approximately 900,000 square metres), Serbia violated its own rules on expropriation, public–private partnerships, taxation and public procurements, through “one-time” legal mechanisms such are “lex specialis”, adopted by the Parliament in April 2015, and the wide provisions of an inter-state agreement between Serbia and the United Arab Emirates (where the private partner for this project is registered). -
History of American Democracy Syllabus
History of American Democracy Course Syllabus Professor David Moss Fall 2015 HISTORY OF AMERICAN DEMOCRACY (USW 39, HBS 1139) Professor David Moss Harvard University, Fall 2015 Mondays and Wednesdays, 3:30-5:00 Location: HBS – Aldrich 207 Today we often hear that American democracy is broken—but what does a healthy democracy look like? How has American democratic governance functioned in the past, and how has it changed over time? This course approaches American history with these questions in mind. Based on the case method, each short reading will introduce students to a different critical episode in the development of American democracy, from the drafting of the Constitution to contemporary fights over same-sex marriage. The discussion-based classes will encourage students to challenge each other’s assumptions about democratic values and practices, and draw their own conclusions about what “democracy” means in America. This course is ideal for anyone interested in deepening his or her practical and historical understanding of the American political process, and for those interested in gaining experience with the case method of instruction frequently used in business and law schools. Note: This course, when taken for a letter grade, satisfies the General Education category of United States in the World, as well as the requirement that one of the eight General Education courses also engage substantially with Study of the Past. When taken for a letter grade, it also meets the Core area requirement for Historical Study A. COURSE ORGANIZATION AND OBJECTIVES The course content surveys key episodes in the development of democratic institutions and practices in the United States from the late 18th century to today. -
September 2000 Public Disclosure Authorized
20925 September 2000 Public Disclosure Authorized ANTICORRUPTION IN Public Disclosure Authorized RANSITION A Contribution to the Policy Debate Public Disclosure Authorized Public Disclosure Authorized A W 0 R L D F R EE 0 F P 0 V E R T Y I Anticorruption in Transition A Contribution to the Policy Debate The World Bank Washington, D.C. Copyright © 2000 THE WORLDBANK 1818 H Street, N.W. Washington, D.C. 20433, USA All rights reserved Manufactured in the United States of America First printing September 2000 1 2 3 4 03 02 01 00 The opinions expressed in this report do not necessarily represent the views of the World Bank or its member governments. The World Bank does not guarantee the accuracy of the data included in this publication and accepts no responsibility whatsoever for any consequence of their use. The material in this publication is copyrighted. Requests for permission to reproduce portions of it should be sent to the Office of the Publisher at the address shown in the copyright notice above. The World Bank encourages dissemination of its work and will normally give permission promptly and, when the reproduction is for noncommercial purposes, without asking a fee. Permission to copy portions for classroom use is granted through the Copyright Clearance Center, Inc., Suite 910, 222 Rosewood Drive, Danvers, Massachusetts 01923, USA. ISBN 0-8213-4802-7 Library of Congress Cataloging-in-Publication Data hasbeen appliedfor. TABLE OF CONTENTS Foreword........................................................................ vii Acknowledgments ........................................................................ ix Abbreviations ........................................................................ xi Executive Summary ........................................................................ xiii Chapter 1 The Level and Pattern of Corruption in the Transition Countries............................... -
WHY COMPETITION in the POLITICS INDUSTRY IS FAILING AMERICA a Strategy for Reinvigorating Our Democracy
SEPTEMBER 2017 WHY COMPETITION IN THE POLITICS INDUSTRY IS FAILING AMERICA A strategy for reinvigorating our democracy Katherine M. Gehl and Michael E. Porter ABOUT THE AUTHORS Katherine M. Gehl, a business leader and former CEO with experience in government, began, in the last decade, to participate actively in politics—first in traditional partisan politics. As she deepened her understanding of how politics actually worked—and didn’t work—for the public interest, she realized that even the best candidates and elected officials were severely limited by a dysfunctional system, and that the political system was the single greatest challenge facing our country. She turned her focus to political system reform and innovation and has made this her mission. Michael E. Porter, an expert on competition and strategy in industries and nations, encountered politics in trying to advise governments and advocate sensible and proven reforms. As co-chair of the multiyear, non-partisan U.S. Competitiveness Project at Harvard Business School over the past five years, it became clear to him that the political system was actually the major constraint in America’s inability to restore economic prosperity and address many of the other problems our nation faces. Working with Katherine to understand the root causes of the failure of political competition, and what to do about it, has become an obsession. DISCLOSURE This work was funded by Harvard Business School, including the Institute for Strategy and Competitiveness and the Division of Research and Faculty Development. No external funding was received. Katherine and Michael are both involved in supporting the work they advocate in this report.