Regulation

Goverment regulation.

Articles from Vol. 28, No. 1, Spring

Accountability and Private Governments: Do Homeowners' Associations Lower Property Values?
IN A PAIR OF RECENT REGULATION ARTICLES, Robert Nelson and William Fischel discuss the emergence of private residential community associations (RCAS) as suppliers of services that historically have been provided by local government. (See "The Private...
Against ISP Liability: Do ISPs Have a Duty to Protect the World?
A signal benefit of tort rules developed at common law is how efficiently they apportion responsibility for protections from harm. But efficiency alone does not qualify a proposed rule to be law. In "Holding Internet Service Providers Accountable"...
Architectural Censorship and the FCC: Efforts to Regulate the Media Threaten Quantity, Quality, and Diversity
FIRST AMENDMENT ANALYSES OF MEDIA regulation have long focused on government efforts to influence media content directly, either by imposing restrictions on disfavored speech (such as indecency,) or by mandating carriage of favored speech (such as...
A Tale of Two Clams: Actors' Strategic Anticipation of Policy Change Has Led to Overstatements of the Benefits of ITQs
IN OPEN-ACCESS FISHERIES, INDIVIDUAl. FISHermen give little thought to the effects of their harvest on the total available stock. That results in endemic excessive fishing. To limit such behavior, federal fisheries have historically been regulated...
Cooling Water Intake
STATUS: EPA comment period closes March 24. The Environmental Protection Agency has been working for the last few years to reduce the amount of fish killed or injured when water is used for cooling purposes at energy, manufacturing, and industrial...
Corporate Governance and Economic Development: U.S.-Style Corporate Governance May Be a Poor Fit for the Developing World
POLICYMAKERS CAN CHOOSE FROM TWO competing models of corporate governance. The first is a market-oriented model that relies on relatively little mandatory law to protect shareholders. Instead, it depends on a host of other formal and informal mechanisms,...
Corporate Social Responsibility-Or Good Advertising?
IN THE UNITED STATES, CORPORATE MANAGERS are fiduciary agents for a firm's owners--the shareholders. Those managers should act in the interest of the shareholders by maximizing the returns of the company. Despite that responsibility to the owners,...
ESA Permit Revocation
STATUS: In effect as of January 10. When Congress enacted the Endangered Species Act (ESA) in 1973, it broadly prohibited the "taking" (killing or harming) of listed species. The prohibition created disincentives for landowners to conserve habitat,...
Misdiagnosing Manager Power
PAY WITHOUT PERFORMANCE: THE UNFULFILLED PROMISE OF EXECUTIVE COMPENSATION By Lucian Bebchuk and Jesse Fried Cambridge, Mass.: Harvard University Press, 2004 LUCIAN BEBCHUCK AND Jesse Fried's book Pay without Performance is based on a simple...
Regulation Z
STATUS: Federal Reserve comment period closes March 28. The Federal Reserve Board of Governors recently announced that it is beginning a review process of the revolving credit disclosure requirements of its Regulation Z. The regulation implements...
Section 8.2 Housing?
IN ANSWER TO A "FREQUENTLY ASKED QUESTION" on its Web site, the U.S. Department of Housing and Urban Development helpfully starts out: "If a family lives in a public housing unit that is scheduled to be demolished...." Bummer. If there's anything worse...
Speak Not of Error: Does Legal Fear Increase the Risk of Medical Error?
THE UNITED STATES IS CURRENTLY IN THE midst of its third medical malpractice crisis in 30 years. The story is all too familiar: Insurance premiums spike, prompting demoralized doctors to protest that they are unfairly being victimized by "undeserving"...
Terrorism Insurance 2005: Where Do We Go from Here?
ALTHOUGH NUMEROUS EFFORTS HAVE been undertaken during the last three years to prevent new terrorist attacks on U.S. soil, the economic impact of another large-scale attack has to be considered seriously. Who should pay for future losses so as to assure...
Wall Street in the Third World? Corporate Ownership May Be a More Important Issue in Developing Countries Than Corporate Governance
EXPERTS FROM DEVELOPED COUNTRIES often give advice to developing countries about the policies, laws, and institutions that are needed to promote economic development. A frequent problem with their advice, however, is that the experts only recommend...
What's Next for Telecom?
ON THE SAME DECEMBER DAY THAT THE D.C. City Council said taxpayers would not simply give Major League Baseball a new stadium in the nation's capital, the Federal Communications Commission announced its new rules governing the "unbundling" of local...