Suchergebnisse

A regulatory agency is captured if, instead of the public interest, it pursues the interests of powerful firms it is intended to regulate. Scholars disagree about which agencies are captured, how they become captured, and what reforms, if any, can prevent capture. There is consensus on one issue: capture is a vice.In this Article, I argue that capture can be a virtue. When powerful interest groups thwart justified regulation, the optimal strategy for pursuing that regulation may be to indirectly empower interest groups that stand to profit from it in the long-run. Legislation creating new interest groups — or altering the incentives of existing ones — can develop a political economy that will support public-interested regulation. Currently dominant interest groups may not be able to anticipate and suppress this long-term threat to their power.This Article describes how legislation that changed the dynamics of interest group power has led to regulation — on climate change, air bags, and toxic waste — that had been previously blocked by powerful industries. It offers a novel theoretical account of why dominant interest groups predictably fail to stop legislation that empowers rival interest groups over time. It suggests reforms to administrative, tort, and insurance law that can be expected to lead to desirable, but currently unachievable, regulation. It defends virtuous capture as an empirically realistic and normatively permissible means to achieve those ends.

"This is a must-read how-to guide if you are planning to embark on a scholarly digitisation project. Tailored to the specifications of the British Library's EAP (Endangered Archives Programme) projects, it is full of sound, practical advice about planning and carrying out a successful digitisation project in potentially challenging conditions. From establishing the scope of the project, via practical considerations about equipment, work routines, staffing, and negotiating local politics, to backing up your data and successfully completing your work, Remote Capture walks you through every stage. Bursting with helpful hints, advice and experiences from people who have completed projects everywhere around the globe from Latin America to Africa to Asia, this book offers a taste of the challenges you might encounter and the best ways to find solutions. With a particular focus on the process of digitisation, whether using a camera or a scanner, Remote Capture is invaluable reading for anybody considering such a project. It will be particularly useful to those who apply for an EAP grant, but the advice in these pages is necessary for anyone wondering how to go about digitising an archive. "

Capture—the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating—is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns. This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the theoretical case that federal courts can be captured. Expanding upon the regulatory capture literature and what literature exists about the capture of courts, this Article demonstrates that the institutional safeguards often thought to shield judges from special interest influence (including political independence, lifetime tenure, and general jurisdiction) may, in some cases, break down, leaving courts exposed to capture in much the same way as agencies. Then, this Article turns to the application of the theoretical argument. It focuses on the U.S. District Court for the Eastern District of Texas, the district that until recently received the most patent cases of any district court in the country. The Eastern District of Texas exhibits many classic signs of capture, including a revolving door between the federal bench and law firms, the region's economic dependence on litigation, and a mutually beneficial relationship between the plaintiffs' bar and the Eastern District judges. In conclusion, this Article urges Congress to tighten venue requirements and to mandate random assignment of judges. These proposals would better protect the U.S. federal courts from capture.

"This third volume in the Commonwealth Blue Economy Series, Capture Fisheries, presents recommendations that could be implemented by SIDS to protect and sustainably develop their capture fisheries within a blue economy model. The book describes some of the challenges faced in managing capture fisheries, the potential for a blue economy approach to making improvements, some suggestions for strategies and activities that could be undertaken by SIDS to further these aims, and a number of case studies illustrating positive actions that have been taken by SIDS and their outcomes" -- Provided by publisher

National Commission of Audit, Report to the Commonwealth Government, Canberra: AGPS, June 1996. ISBN 0 644 36116 6. xxviii + 409 pp. 24.95