Social and Behavioral Sciences Commons^™

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …

Animal Welfare: A Contemporary Understanding Demands A Contemporary Approach To Behavior And Training, E. Anne Mcbride, David J. Montgomery

People and Animals: The International Journal of Research and Practice

Contemporary understanding of One Welfare highlights the intrinsic link between animal and human welfare and ethics, regarding physical and psychological well-being as equally important. These principles apply to all animals we keep, regardless of why we keep them. One factor influencing psychological welfare is how animals are prepared for their life, including how they are taught (trained) to behave. Where such preparation is lacking or inappropriate methods are used, animals will be fearful and/or frustrated, resulting in impaired welfare, problematic behavior, and potential injury to humans and other animals. How animals are trained and by whom are the focus of …

Motives Of Corporate Political Donations: Industry Regulation, Subjective Judgement And The Origins Of Pragmatic And Ideological Corporations, Nicholas M. Harrigan

Research Collection School of Social Sciences

What motivates corporate political action? Are corporations motivated by their own narrow economic self-interest; are they committed to pursuing larger class interests; or are corporations instruments for status groups to pursue their own agendas? Sociologists have been divided over this question for much of the last century. This paper introduces a novel case - that of Australia - and an extensive dataset of over 1,500 corporations and 7,500 directors. The paper attempts to understand the motives of corporate political action by examining patterns of corporate political donations. Using statistical modelling, supported by qualitative evidence, the paper argues that, in the …

Regulation And Energy Poverty In The United States, Michael C. Jensen

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Energy poverty is a topic often neglected in the discussion about global climate change. Apocalyptic prophecies about the negative future effects of climate change ignore the suffering of people around the globe whose lives could be drastically improved with access to reliable sources of energy. Though energy poverty from a global perspective is much more serious than energy poverty from a domestic perspective, high home energy bills are a serious cause for concern for many Americans.

This research examines the relationship between regulation, the prices of electricity and natural gas, and the household energy burden, which is the ratio of …

The Long-Run Performance Of U.S. Firms Pursuing Ipos In Foreign Markets, Robert N. Killins, Peter V. Egly

Economics and Finance Faculty Publications and Presentations

Purpose

The purpose of this paper is to investigate the long-run performance of a unique set of US domiciled firms that have bypassed the US capital markets in pursuit of their initial public offering (IPO) overseas. Additionally, this paper then tests the popular underwriter prestige impact and the window of opportunity hypothesis on this unique subset of IPOs.

Design/methodology/approach

Using a sample of foreign and purely domestic IPOs made by US firms from 2000 to 2011, this study investigates the long-term performance, one-, two- and three-year by using two measures (buy-and-hold return and cumulative abnormal returns) to test the long-run …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

On-Farm Welfare Assessment For Regulatory Purposes: Issues And Possible Solutions, Jan Tind Sørensen, David Fraser

David Fraser, PhD

On-farm welfare assessment has been used mainly for non-regulatory purposes such as producer education or to qualify for voluntary welfare-assurance programs. The application of on-farm assessments in regulatory programs would require four issues to be addressed: (1) selecting criteria that are widely accepted as valid by diverse citizens, (2) setting minimum legal levels, (3) achieving the high level of fairness and objectivity required for legally binding requirements, and (4) achieving the cost-efficiency needed for widespread use of the methods. Issues 1 and 2 pose a particular problem because different citizens disagree on what they understand as good animal welfare, with …

Activating Actavis, Aaron Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

In Federal Trade Commission v. Actavis, Inc., the Supreme Court provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. The Court came down strongly in favor of an antitrust solution to the problem, concluding that “an antitrust action is likely to prove more feasible administratively than the Eleventh Circuit believed.” At the same time, Justice Breyer’s majority opinion acknowledged that the Court did not answer every relevant question. The opinion closed by “leav[ing] to the lower courts the structuring of the present rule-of-reason antitrust litigation.”This article is an effort to help courts and counsel …

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Aaron Edlin

The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …

Motivations For Staying In Vacation Rentals And Evaluation Of Experience, Patrick Tierney

Journal of Tourism Insights

Persons attending the 2015 Outside Lands Music and Art Festival at Golden Gate Park in San Francisco had a range of lodging options. One of relatively new lodging options available was staying at non-commercial residences with a fee, also known as “vacation rentals.” Vacation rentals (VR), where a tourist rents a room or entire house from a private individual for a short term stay, are booming, especially at online booking sites, such as Air BNB. There are over a million rentals listed on Air BNB and its growth has been stunning (Weed 2015). Mayock (2015) found that vacation rentals are …

Masalah Regulasi Dan Pengawasan Dalam Praktik Korupsi Haji Tahun 2010-2013, Bayu Firdaus

Jurnal Politik

The problem of corruption has occurred in many government institutions. Corruption is not only occurred in legislative institutions such as DPR, DPD, or DPRD, but also in executive institutions, such as ministries. Corruption in the Ministry of Religious Affairs is chosen to be explored in this paper because of its supposedly commitment and tightly intricate with moral and religious values to oppose any practices of corruption. This paper argues that the practice of corruption in pilgrim seasons of 2010-2013 occurred due to opportunity made available by problematic regulation and abused of supervision by members of DPR. Previous research found that …

Efficacy Of Short-Term Emotional Regulation Training On Interference During Cognitive Tasks, Kerry Margaret Cannity

Doctoral Dissertations

The experience of emotion and attempts to regulate it are universal human phenomena. Emotion regulation is used to alter the affective intensity or tone, behaviors, and consequences associated with an emotional experience. This study examined how two common emotional regulation strategies (mindfulness and distraction) affect attentional performance following a negative mood induction via film. While previous literature has compared emotional regulation strategies’ effects on a variety of outcomes, the efficacy of these strategies to reduce cognitive interference caused by negative mood has not been examined. Both mindfulness and distraction are hypothesized to occur through the Attention Deployment mechanism of the …

Consumer's Guide To Regulatory Impact Analysis: Ten Tips For Being An Informed Policymaker, Susan Dudley, Richard Belzer, Glenn C. Blomquist, Timothy Brennan, Christopher Carrigan, Joseph Cordes, Louis A. Cox, Arthur Fraas, John Graham, George Gray, James Hammitt, Kerry Krutilla, Peter Linquiti, Randall Lutter, Brian Mannix, Stuart Shapiro, Anne Smith, W. Kip Viscusi, Richard Zerbe

Economics Faculty Publications

Regulatory impact analyses (RIAs) weigh the benefits of regulations against the burdens they impose and are invaluable tools for informing decision makers.We offer 10 tips for nonspecialist policymakers and interested stakeholders who will be reading RIAs as consumers.

1. Core problem: Determine whether the RIA identifies the core problem (compelling public need) the regulation is intended to address.
2. Alternatives: Look for an objective, policy-neutral evaluation of the relative merits of reasonable alternatives.
3. Baseline: Check whether the RIA presents a reasonable “counterfactual” against which benefits and costs are measured.
4. Increments: Evaluate whether totals and averages obscure relevant distinctions and trade-offs.
5. Uncertainty: Recognize …

Effects Of Bush Tax Cut And Obama Tax Increase On Corporate Payout Policy And Stock Returns, Andre Vianna

Economics and Finance Faculty Publications and Presentations

Abstract This article analyzes the effects of the American Taxpayer Relief Act of 2012 (Obama Tax Increase) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Bush Tax Cut) on corporate payout decision and stock returns. Logit and fixed-effect panel data analyses are conducted on all firms listed in NYSE, Amex and NASDAQ in the announcement windows of two, three and four quarters before and after the tax reforms. The results show that the implementation of these tax reforms more persistently affects dividend payments than stock repurchases. It also has a boosting effect on stock returns in the …

The Sounds Of Silence; Or, Isabella’S Counter Discourse In Measure For Measure, Gina Vivona

Theses and Dissertations

This argument reshapes the thinking about masculine dominance in Measure for Measure, and considers the patriarchy as a series of socially constructed, hence artificial, rules and regulations. It also explores how Isabella’s discourse and celibacy empower her to defy the constraints of early modern paradigms and achieve individual freedom.

Strengthening Slavery’S Border, Undermining Slavery: Fugitive Slaves And The Legal Regulation Of Black Mississippi River Crossing, 1804-1860, Jesse Nasta

The Confluence (2009-2020)

In the decades before the Civil War, St. Louis sat on a border between slave and free states. Jesse Nasta documents the role of common carriers—steamboats—on the Mississippi River for escaping slaves and the efforts of government to hold steamboat operators accountable for those escapes—efforts that reached all the way to the Missouri Supreme Court. This article is the recipient of the 2017 Tatom Award for the best student paper on a regional topic.

My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel

Politics Honors Papers

When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations against …

Optimal Enforcement Of Uniform Pollution Standards When Marginal Pollution Damage Costs Differ Among Firms—The Epa’S New Cafo Rules, Robert S. Main, Peter Z. Grossman

Journal of the Indiana Academy of the Social Sciences

The EPA’s 2003 and 2008 National Pollution Discharge Elimination System for Confined Animal Feeding Operations (CAFOs) expanded the scope and stringency of the regulation of CAFOs but provided few if any additional enforcement resources. Enforcement of earlier regulations was poor, and the new regulations are likely to worsen this problem because they embody the usual approach of imposing one-size-fits-all rules. Because the likely damages from effluents vary greatly among CAFOs, depending on location, a system of emission fees that depend on likely damages would be more efficient. Alternatively, regulators could tailor enforcement efforts to probable damages. This paper provides a …

Regulatory Uncertainty And The Natural Gas Industry In The Us, Jasper W. Clarkberg

Honors Papers

The United States is in the midst of a natural gas boom, but it’s unclear how long this high level of extraction is sustainable given the regulatory trajectory around carbon emissions and climate change. This paper examines how natural gas firms perceive regulatory uncertainty as measured by their capital expenditure. Using rig count data as a proxy for natural gas capital investment, I explore different ways to measure the perceived threat of state-level regulation and differing firm responses. I find strong evidence that regulatory uncertainty decreases the capital investments of firms, although I find that the effect of proposed regulation …

The Political Economy Of State Regulation: The Case Of The English Factory Acts, Katherine A. Moos

Economics Department Working Paper Series

This paper proposes a theory of why the state enacted social policy that regulated the length of the working day in 19th century industrial England. This paper will argue that, far from being capable of self-regulation, the capitalist labor market during Britain’s industrial revolution is best conceptualized as consisting of two major social coordination problems resulting from conflicting interests between and within capital and labor. Left unregulated, this dual social coordination problem caused the overexploitation of labor, with dire consequences for both the capitalist and working classes. The reason why this coordination problem could not self-correct was because the wage-labor …

An Early Years Toolbox For Assessing Early Executive Function, Language, Self-Regulation, And Social Development: Validity, Reliability, And Preliminary Norms, Steven J. Howard, Edward Melhuish

Faculty of Social Sciences - Papers (Archive)

Several methods of assessing executive function (EF), self-regulation, language development, and social development in young children have been developed over previous decades. Yet new technologies make available methods of assessment not previously considered. In resolving conceptual and pragmatic limitations of existing tools, the Early Years Toolbox (EYT) offers substantial advantages for early assessment of language, EF, self-regulation, and social development. In the current study, results of our large-scale administration of this toolbox to 1,764 preschool and early primary school students indicated very good reliability, convergent validity with existing measures, and developmental sensitivity. Results were also suggestive of better capture of …

The Translational Controlled Tumour Protein Tctp: Biological Functions And Regulation, Ulrich A. Bommer

Faculty of Science, Medicine and Health - Papers: part A

The Translational Controlled Tumour Protein TCTP (gene symbol TPT1, also called P21, P23, Q23, fortilin or histamine-releasing factor, HRF) is a highly conserved protein present in essentially all eukaryotic organisms and involved in many fundamental cell biological and disease processes. It was first discovered about 35 years ago, and it took an extended period of time for its multiple functions to be revealed, and even today we do not yet fully understand all the details. Having witnessed most of this history, in this chapter, I give a brief overview and review the current knowledge on the structure, biological functions, disease …

Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …

Government Rule Compliance, Safety, And The Influence Of Regulation On Railroad Trainmen, Carlos Mendoza, Phd

Walden Dissertations and Doctoral Studies

Operational testing of railroad trainmen on federal government safety rules is a daily occurrence on every railroad in the United States. This constant testing and resulting discipline distracts trainmen from the task at hand, causing a loss of focus which could lead to injury or accidents. Using the social construction framework, this research sought to gain an understanding of trainmen's perception on how operational testing impacts their workplace safety, as well as how they perceive the U.S. federal government influences regulation and discipline. This phenomenological study investigated a segment of railroad employees, the trainmen, because they are operationally tested more …

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

Articles

This essay examines some of the institutional costs of achieving a more diverse law student body. In recent decades, there has been growing support for diversity initiatives in education, and the legal academy is no exception. Yet for most law schools, diversity remains an elusive goal, some of which is the result of problems with anticipating the needs of diverse students and being able to deliver. These are some of the unseen or hidden costs associated with achieving greater diversity. Both law schools and the legal profession remain relatively stratified by race, which is an ongoing legacy of legal education’s …

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

All Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II dispute and finds …

Regulatory Entrepreneurship, Elizabeth Pollman, Jordan M. Barry

All Faculty Scholarship

This Article examines what we term “regulatory entrepreneurship” — pursuing a line of business in which changing the law is a significant part of the business plan. Regulatory entrepreneurship is not new, but it has become increasingly salient in recent years as companies from Airbnb to Tesla, and from DraftKings to Uber, have become agents of legal change. We document the tactics that companies have employed, including operating in legal gray areas, growing “too big to ban,” and mobilizing users for political support. Further, we theorize the business and law-related factors that foster regulatory entrepreneurship. Well-funded, scalable, and highly connected …

Law And Economics Of Information, Tim Wu

Faculty Scholarship

Information is of enormous importance to contemporary economics, science, and technology. Since the 1970s, economists and legal scholars, relying on a simplified “public good” model of information, have constructed an impressively extensive body of scholarship devoted to the relationship between law and information. The public good model tends to justify law, such as the intellectual property laws or various forms of securities regulation that seek to incentivize the production of information or its broader dissemination. This chapter reviews the public choice model and identifies two recent trends. First, scholars have extended the public good model of information to an ever-increasing …