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Interest Groups And Supreme Court Commerce Clause Regulation, 1920-1937, Barrett L. Anderson

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Did interest groups influence the Supreme Court’s interpretation of federal economic regulatory authority under the Commerce Clause leading up to the Supreme Court’s 1937 reversal? Recent scholarship has begun a renewed study of this tumultuous era seeking alternative explanations for the Court’s behavior beyond the conventional explanations concerning Roosevelt’s court packing plan. I build on this literature by extending the discussion to the influence that interest groups may have had on the Court. I propose that interest groups served as a supporting and influential audience for the Supreme Court as the justices’ institutional legitimacy became threatened by both the political …

Ensuring Compliance From 35,000 Feet: Accountability And Trade-Offs In Aviation Safety Regulatory Networks, Russell W. Mills, Christopher J. Koliba, Dorit Rubinstein Reiss

College of Agriculture and Life Sciences Faculty Publications

A puzzle that faces public administrators within regulatory networks is how to balance the need for public or democratic accountability with increasing demands from interest groups and elected officials to utilize the expertise of the private sector in developing process-oriented programs that ensure compliance. This article builds upon the network governance accountability framework developed by Koliba, Mills, and Zia to explore the dominant accountability frames and the accountability trade-offs that shape the process-oriented regulatory regime used by the Federal Aviation Administration (FAA) to oversee and regulate air carriers in the United States.

Government Roles In Regulating Medical Tourism: Evidence From Guatemala, Ronald Labonté, Valorie A. Crooks, Alejandro Cerón, Vivien Runnels, Jeremy Snyder

Anthropology: Faculty Scholarship

Background: Regulation of the medical tourism and public health sectors overlap in many instances, raising questions of how patient safety, economic growth, and health equity can be protected. The case of Guatemala is used to explore how the regulatory challenges posed by medical tourism should be dealt with in countries seeking to grow this sector.

Methods: We conducted a qualitative case study of the medical tourism sector in Guatemala, through reviews and analyses of policy documents and media reports, key informant interviews (n = 50), and facility site-visits.

Results: Key informants were critical of the absence of effective public regulation …

Slippery Fish: Enforcing Regulation When Agents Learn And Adapt, Andres Gonzalez Lira, Ahmed Musfiq Mobarak

Cowles Foundation Discussion Papers

Attempts to curb undesired behavior through regulation gets complicated when agents can adapt to circumvent enforcement. We test a model of enforcement with learning and adaptation, by auditing vendors selling illegal fish in Chile in a randomized controlled trial, and tracking them daily using mystery shoppers. Conducting audits on a predictable schedule and (counter-intuitively) at high frequency is less effective, as agents learn to take advantage of loopholes. A consumer information campaign proves to be almost as cost-effective and curbing illegal sales, and obviates the need for complex monitoring and policing. The Chilean government subsequently chooses to scale up this …

A Failure To Regulate? The Demands And Dilemmas Of Tackling Illegal Content And Behaviour On Social Media, Majid Yar

International Journal of Cybersecurity Intelligence & Cybercrime

The proliferation and user uptake of social media applications has brought in its wake a growing problem of illegal and harmful interactions and content online. Recent controversy has arisen around issues ranging from the alleged online manipulation of the 2016 US presidential election by Russian hackers and ‘trolls’, to the misuse of users’ Facebook data by the political consulting firm Cambridge Analytica (Hall 2018; Swaine & Bennetts 2018). These recent issues notwithstanding, in the UK context, ongoing concern has focused in particular upon (a) sexually-oriented and abusive content about or directed at children, and (b) content that is racially or …

Enforcing Regulation Under Illicit Adaptation, Andrés González Lira, Ahmed Mushfiq Mobarak

Cowles Foundation Discussion Papers

Attempts to curb illegal activity by enforcing regulations gets complicated when agents react to the new regulatory regime in unanticipated ways to circumvent enforcement. We present a research strategy that uncovers such reactions, and permits program evaluation net of such adaptive behaviors. Our interventions were designed to reduce over-fishing of the critically endangered Pacific hake by either (a) monitoring and penalizing vendors that sell illegal fish or (b) discouraging consumers from purchasing using an information campaign. Vendors attempt to circumvent the ban through hidden sales and other means, which we track using mystery shoppers. Instituting random monitoring visits are much …

Spaces Of The Religious Economy: Negotiating The Regulation Of Religious Space In Singapore, Orlando Woods

Research Collection School of Social Sciences

Over the past three decades, the theory of religious economy has been established, applied, debated, developed, and rejected. It has proven to be as divisive as any "general theory" of religion should be, and yet its core tenets continue to engage and unite scholars around the world. In response to broader shifts within the sociology of religion, this article reframes religious economy by advancing a spatial approach to its theorization. A spatial approach can help develop new perspectives on the regulation of religion, and the resistant agency of religious groups. With a focus on the "secular monopoly" of Singapore, it …

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming

Inside And Out: Intrapersonal And Interpersonal Emotion Regulation In Young-Adult Friendships, Samantha Ann Chesney

Dissertations (1934 -)

To date, the field of emotion regulation has been held captive by inquiries into processes that unfold at an intrapersonal, or individual, level. As such, experts know a great deal about how individual choices to engage in a particular regulatory strategy are related to psychosocial outcomes. Recently the spotlight for theoretical and empirical attention has shifted to address an inarguable truth: humans are social beings. Research must break from the view of emotion regulation as intrapersonal or interpersonal, instead employing person-centered approaches that represent both levels as an interdependent system. The current study evaluated emotion regulation as a dynamic system …

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

All Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …

Repellant Beauty: A Rational Inquiry Into 21St Century Patented Lode Mine Use, John Gaeddert

Boise State University Theses and Dissertations

Rationalistic, incentive-based redevelopment objectives must comply with regulatory entitlement requirements that enmesh broader community goals. These community goals include site reclamation, environmental protection, and smart growth land use development measures. The focus of this dissertation is to better understand both the economic and community factors affecting the use of approximately 3,500,000 acres of patented lode mine (PLM) lands in the West. Study methods use a unique dataset compiled from BLM land patent documents, Idaho property assessment records, USGS mineral resource data, and GIS-derived surface estate measures to analyze effects of a set of jurisdictional, mineral estate, surface estate, and control …

Assessing Variation In Air Quality Perception: A Case Study In Utah, Karen Jayne Mendenhall

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

In recent years, Utah has experienced poor air quality due to pollution-trapping winter inversions and summer ozone pollution. The resulting impacts of poor air quality include health issues, reduced visibility, economic impacts and ecological impacts. Utah’s topography and exploding urban population are factors which increase human exposure to these adverse impacts of air pollution. It is important for State and local governments to understand how people perceive air quality so that clean air campaigns target those who are most likely to foster pro-environmental behaviors. An analysis was conducted using data from a state-wide survey conducted in July 2017. The survey …

How Public Transit Agencies Maintain Regulatory Compliance While Using Transportation Network Companies, Aaron Vogel

Master's Projects

The recent rise of Transportation Network Companies (TNC) has prompted some public transit agencies to collaborate with them to enhance their mobility options. Agencies around the country in cities like Pinellas Park, Fla., Boston, Mass., Dallas, TX and Livermore, Calif. are using TNCs as a part of their service delivery model to offer paratransit services, first and last mile solutions and general transit. This research focuses on the following questions:

1. How do public transit agencies adhere to regulatory requirements when implementing TNCs into their service plan?
2. Have agencies been challenged by any state or federal regulatory agencies on non-compliance by …

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017, …

Is Trump The De-Regulator-In-Chief?, Allen C. Guelzo

Civil War Era Studies Faculty Publications

Abe Lincoln was a regulation cutter. Who would’ve known that?”

That line in a speech on December 8 by President Trump sent a number of pundits flocking to their history textbooks for fact-checking, especially after he followed it with the claim that, based on the numbers, he had actually exceeded Lincoln’s first-year total. “That’s pretty good for 10 months.”

What the pundits found was largely what they looked for. Blue State Daily’s Matthew Slivan smirked that “Trump likes to conjure comparisons to Abraham Lincoln,” but “the truth is what you’d expect: Trump is a blowhard.” Another reporter rang up …

Localism, Labels, And Animal Welfare, Samuel R. Wiseman

Northwestern Journal of Law & Social Policy

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanely-raised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …

Native Advertising Disclosures In Journalism: An Assessment On The Accurate Reporting Of Disclosure Wording In Conveying Advertising Intent, Darko Milenkovic

Major Papers

The struggling journalism industry adopted the practice of native advertising to raise digital revenue. This practice offered advertisers a chance to purchase the services of a publication in order to have their story published. The goal of native advertising is for advertising to become invisible to consumers, and to be presented to audiences as if were regular editorial content. The only distinguishing feature is a disclosure, often identifying the accompanying article as being “Sponsored Content,” “Promoted Content”, “Custom Content,” or a “Paid Post.” This research paper discusses the struggles of journalism and digital advertising. It examines the many definitions of …

Discursive Constructions Of Professional Identity In Policy And Regulatory Discourse, Gerard Fealy, Josephine Mary Hegarty, Martin Mcnamara, Mary Casey, Denise O'Leary, Catriona Kennedy, Pauline O’Reilly, Rhona O’Connell, Anne-Marie Brady, Emma Nicholson

Articles

Aim

To examine and describe disciplinary discourses conducted through professional policy and regulatory documents in nursing and midwifery in Ireland.

Background

A key tenet of discourse theory is that group identities are constructed in public discourses and these discursively constructed identities become social realities. Professional identities can be extracted from both the explicit and latent content of discourse. Studies of nursing's disciplinary discourse have drawn attention to a dominant discourse that confers nursing with particular identities, which privilege the relational and affective aspects of nursing and, in the process, marginalize scientific knowledge and the technical and body work of nursing. …

Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett

All Faculty Scholarship

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Reducing Arsenic Exposure From Private Well Water In The United States: The Use, Effect, And Potential Of Testing Requirements, Sara Flanagan

Dissertations and Theses

Over 45 million Americans drink from unregulated private well water of unknown quality. Arsenic is the most concerning groundwater contaminant for health because of its toxicity and widespread natural occurrence. Most residential wells in arsenic-affected areas have not been tested for arsenic; the success of community programs and efforts to motivate testing is limited by a range of psychological, situational, and socioeconomic barriers. However, testing only acts as screening and does not reduce exposure without effective and consistent actions to follow. Given the limitations in relying on individual well owners to be aware, willing, and capable of testing their water, …

Progressive Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a …