Regulation
Are “Pay for Delay” Settlements in Patent Litigation Collusive?
A new study suggests that “pay for delay” settlements–in which generic drug manufacturers that challenge the patents of branded drug firms agree to drop...
The Elusiveness of Regulatory Capture
Regulatory capture is hard to pin down, its elusiveness stemming from four principal factors.
Nearly everyone sees regulatory capture – and rightly disdains it. And...
Regulatory Capture is Not “Inevitable”
“Capture” has become a self-fulfilling prophecy of economists who turn their students into sure-to-fail regulators.
A Wall Street Journal editorial asserted the “inevitability” of...
Prosecuting Corporate Criminals
Prosecutions of individual corporate criminals can, in fact, be successful—and are critical for attaining justice.
It is difficult to escape the inference that the Great...
Death by Regulation: How Regulations that Once Protected the Taxi Industry Now Threaten its Existence
New study by researchers at the Mercatus Center at George Mason University highlights the need to rethink taxi regulations.
“The natural progress of things,” Jefferson...
Regulatory Capture, Ancient and Modern
Regulatory capture's antecedents in political thought—which date back to ancient Greece—inform the modern concept.
Until recently, the term regulatory capture seemed stale, a mid-20th century...
Making it Look Like a Struggle
For capture to be sustainable, the regulator has to find ways to be perceived as being tough on the regulated without really hurting them.
The...
Preventing Regulatory Capture
When a regulation’s benefits exceed its costs, simplicity and interdisciplinary processes are essential to reducing capture.
Regulatory capture arises when regulatory decisions advance private interests...
Challenges in Measuring Regulatory Capture
We as a society have failed to settle upon what we think are the measurements, the correlates, the red flags, and the warning signs...
The 'Argumentum a Crise': So Powerful, So Prone to Misuse
Since the financial crisis and the related euro debt crisis, the use of the argumentum a crise has been ubiquitous. A more selective use...
