Regulation and Public Interests


Book Description

Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late 1970s, "deregulation" has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests. Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.




Media Regulation, Public Interest and the Law


Book Description

Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES




Social Media and the Public Interest


Book Description

Facebook, a platform created by undergraduates in a Harvard dorm room, has transformed the ways millions of people consume news, understand the world, and participate in the political process. Despite taking on many of journalism’s traditional roles, Facebook and other platforms, such as Twitter and Google, have presented themselves as tech companies—and therefore not subject to the same regulations and ethical codes as conventional media organizations. Challenging such superficial distinctions, Philip M. Napoli offers a timely and persuasive case for understanding and governing social media as news media, with a fundamental obligation to serve the public interest. Social Media and the Public Interest explores how and why social media platforms became so central to news consumption and distribution as they met many of the challenges of finding information—and audiences—online. Napoli illustrates the implications of a system in which coders and engineers drive out journalists and editors as the gatekeepers who determine media content. He argues that a social media–driven news ecosystem represents a case of market failure in what he calls the algorithmic marketplace of ideas. To respond, we need to rethink fundamental elements of media governance based on a revitalized concept of the public interest. A compelling examination of the intersection of social media and journalism, Social Media and the Public Interest offers valuable insights for the democratic governance of today’s most influential shapers of news.




The Public Use of Private Interest


Book Description

According to conventional wisdom, government may intervene when private markets fail to provide goods and services that society values. This view has led to the passage of much legislation and the creation of a host of agencies that have attempted, by exquisitely detailed regulations, to compel legislatively defined behavior in a broad range of activities affecting society as a whole—health care, housing, pollution abatement, transportation, to name only a few. Far from achieving the goals of the legislators and regulators, these efforts have been largely ineffective; worse, they have spawned endless litigation and countless administrative proceedings as the individuals and firms on who the regulations fall seek to avoid, or at least soften, their impact. The result has been long delays in determining whether government programs work at all, thwarting of agreed-upon societal aims, and deep skepticism about the power of government to make any difference. Strangely enough in a nation that since its inception has valued both the means and the ends of the private market system, the United States has rarely tried to harness private interests to public goals. Whenever private markets fail to produce some desired good or service (or fail to deter undesirable activity), the remedies proposed have hardly ever involved creating a system of incentives similar to those of the market place so as to make private choice consonant with public virtue. In this revision of the Godkin Lectures presented at Harvard University in November and December 1976, Charles L. Schultze examines the sources of this paradox. He outlines a plan for government intervention that would turn away from the direct "command and control" regulating techniques of the past and rely instead on market-like incentives to encourage people indirectly to take publicly desired actions.




Preventing Regulatory Capture


Book Description

Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.




'The Public Interest' in Regulation


Book Description

The concept of 'the public interest' is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups,quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. Feintuck begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However the dominant models fail to reflect these expectations satisfactorily. Using a series of case-studies of current regulatory activity in Britain and the USA, Feintuck then goes on to explore how the concept is use in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. Feintuck then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.




Public Interest, Private Property


Book Description

At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.




Regulatory Rights


Book Description

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.







Patent Politics


Book Description

Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion