An international comparison of regulatory capture and regulatory outcomes

2016 ◽  
Vol 24 (4) ◽  
pp. 383-401 ◽  
Author(s):  
John Turner ◽  
Gerard Hughes ◽  
Michelle Maher
Keyword(s):  
Regulatory Authority ◽  
Design Methodology ◽  
Executive Branch ◽  
Regulatory Capture ◽  
Regulatory Structure ◽  
Administrative Structure ◽  
Content Type ◽  
The Public ◽  
Regulatory Influence ◽  
The Usa

Purpose This paper aims to analyze how the administrative structure of pension regulators affects regulatory capture or regulatory influence. It uses a historical institutionalist methodology to analyze regulatory capture. Design/methodology/approach The authors argue that the less complex allocation of regulatory authority in Ireland makes it more susceptible to regulatory capture or regulatory influence by the regulated industry than in the USA. Also, it is argued that stand-alone agencies are more susceptible to regulatory capture than are agencies that are embedded within larger departments of government. The authors present a five-step process in regulatory capture, with the later steps being used by the regulated industry if the earlier ones have failed. Findings The authors find that if the regulated industry has difficulty achieving regulatory capture through influencing the executive branch of government, it can also attempt to influence the legislative and judicial branches, as evidenced by a regulatory episode the USA has recently completed. Ireland has also recently completed reforms that may make regulatory capture more difficult. With a complex regulatory structure including overlapping authority as in the USA, when one agency has been strongly influenced by the regulated industry, another agency may take action to protect the public. Originality/value The paper presents international evidence as to the effect of the administrative structure of regulators on regulatory outcomes. It tests a hypothesis that the more complex, overlapping allocation of regulatory authority in the USA makes it less susceptible to regulatory capture.

Georgia rural hospital authorities as “shadow governments”

2018 ◽  
Vol 21 (2) ◽  
pp. 98-112
Author(s):  
Mary Eleanor Rawlings Wickersham ◽  
Robert Yehl
Keyword(s):  
Local Government ◽  
Design Methodology ◽  
Descriptive Analysis ◽  
Public Information ◽  
Content Type ◽  
The Public ◽  
Private Interests ◽  
The Usa ◽  
Special District

Purpose The tenuous financial viability of many of Georgia’s rural hospitals has driven increased scrutiny of the hospital authorities (HAs) that own and govern them. HAs are a type of “special district” established in state law to allow for specialization of function, while evading statutes that can limit local government borrowing and multi-year contracts. The paper aims to discuss this issue. Design/methodology/approach This paper uses a case example to introduce transparency and accountability in one local Georgia hospital and expands to include a descriptive analysis of transparency measures in 29 rural Georgia HAs. Findings Findings indicate that, like many other special districts in Georgia and the USA, Georgia’s rural HAs often act more like private entities than the public organizations they are. The lack of transparency demonstrated in this sector limits access to public information and reduces opportunities for citizen engagement, a necessary component of representative institutions. Research limitations/implications This case study is limited to Georgia HAs; however, the data support the lack of accountability and transparency found in many special district governments. Originality/value The lack of transparency in all of the organizations reviewed in this study demonstrates blurred lines between between public matters and private interests and raises questions of transparency, a key value in democracies.

Regulatory burden and business dynamics: a preliminary analysis

2018 ◽  
Vol 7 (3) ◽  
pp. 279-289 ◽  
Author(s):  
J.R. Clark ◽  
Todd Nesbit
Keyword(s):  
Design Methodology ◽  
Institutional Environment ◽  
Job Creation ◽  
Empirical Literature ◽  
Regulatory Capture ◽  
Content Type ◽  
The Public ◽  
Business Dynamics ◽  
Specific Regulation ◽  
The Impact

Purpose Stigler (1971) first presented a theory of regulation in which the regulator eventually serves the interests of the regulated rather than in the interest of the public good. In such an institutional environment, one should expect to observe outcomes associated with reduced competitive pressures on existing firms. The paper aims to discuss this issue. Design/methodology/approach In this paper, the authors use RegData, which quantifies regulatory restrictions by industry, to determine whether and to what degree regulation reduces establishment entry and the associated job creation and how regulation impacts existing establishment exit and job creation and destruction. Findings The results, while not definitive, are supportive of Stigler’s theory of regulatory capture. Originality/value This paper adds to the small but growing empirical literature examining the effects of cronyism more broadly. Prior studies of regulation have generally been either narrowly focused on a specific regulation or employ less precise measures of the extent of regulation. By employing RegData as a measure of regulatory restrictions by industry, this paper offers new insights on the impact of regulation on business dynamics.

Institutionalising the war against corruption: new approaches to assets tracing and recovery

2020 ◽  
Vol 27 (1) ◽  
pp. 217-230
Author(s):  
Ehi Eric Esoimeme
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Research Papers ◽  
Content Type ◽  
The Public ◽  
Asset Recovery ◽  
Recovery Scheme ◽  
The Usa ◽  
Nigerian Government ◽  
The Uk

Purpose This paper aims to critically analyse the existing framework on assets tracing and recovery in Nigeria. It will thereafter provide analysis of the asset and recovery measures of advanced countries such as the USA and the UK. The results from the analysis will yield maximum insight and help the Nigerian Government to make better policies and laws on assets tracing and recovery. Design/methodology/approach This paper will rely on primary and secondary data drawn from the public domain. It will also rely on documentary research. Findings This paper determined that the Nigeria asset recovery scheme is likely to be more effective if Nigeria adopts the approach of the UK and the USA. Research limitations/implications This paper will suggest new ways for assets tracing and recovery. The suggested approaches/methods are being used in advanced countries such as the UK and the USA. Originality/value Previous research papers have extensively discussed the problems faced with assets tracing and recovery from a prohibitive and investigative standpoint. This paper will discuss the topic from a preventive standpoint with little focus on investigative mechanisms.

Cyberstalking: are we on the same (web)page? A comparison of statutes, case law, and public perception

2017 ◽  
Vol 9 (2) ◽  
pp. 83-94 ◽  
Author(s):  
David DeMatteo ◽  
Suraji Wagage ◽  
Jaymes Fairfax-Columbo
Keyword(s):  
Design Methodology ◽  
Public Perception ◽  
Case Law ◽  
National Sample ◽  
Web Page ◽  
Public Preference ◽  
Content Type ◽  
The Public ◽  
Demographic Questionnaire ◽  
The Usa

Purpose As society becomes more technology oriented, cyberstalking is becoming an increasing concern. The purpose of this paper is to compare US state and federal statutory and case law to a survey of public perception of cyberstalking to examine if cyberstalking laws reflect public opinion. Design/methodology/approach A national sample of 303 participants ranging in age from 18 to 69 years (M=33.35, SD=10.45) completed a novel cyberstalking survey and demographic questionnaire. The survey encompassed participants’ perceptions about the scope of cyberstalking as a crime, views on punishment of cyberstalking, and behaviors they have engaged in online or experienced from others that could constitute cyberstalking. Findings Findings indicated numerous areas of disagreement between public perception and statutory case law, such as a public preference that cyberstalking be treated as a separate offense from stalking, that a threat of violence is not required for behavior to constitute cyberstalking, and that there should be a private civil cause of action for cyberstalking. Findings also indicated that a substantial minority of participants had engaged in or been the victim of cyber actions that could be considered cyberstalking, and that the public preferred sanctions other than incarceration for cyberstalking. Originality/value This is the first study to examine whether cyberstalking policy in the USA reflects public perception of cyberstalking.

Choose your weapon

2018 ◽  
Vol 21 (3) ◽  
pp. 340-344
Author(s):  
Stefan D. Cassella
Keyword(s):  
Law Enforcement ◽  
Public Interest ◽  
Design Methodology ◽  
Criminal Conviction ◽  
Content Type ◽  
The Public ◽  
Essential Tool ◽  
The Usa

Purpose Civil forfeiture is an increasingly common way for governments to relieve criminal wrongdoers of the proceeds of their crimes and to restore the property to the victims of the offense. The question that is asked, however, is this: Is civil forfeiture an essential tool that is needed to fill a gap in the arsenal of weapons available to law enforcement or is it a prosecutorial shortcut that allows cases to be closed without obtaining the evidence needed to obtain a criminal conviction in cases that should be prosecuted criminally. The answer is that it is both. When properly used, civil forfeiture is an essential tool that provides a means of recovering property, but it is a tool that can also be used to save time and money even though the investment of those resources in bringing a criminal to justice would better serve the public interest. The aim of this paper is to show why this is so. Design/methodology/approach Analysis of the use of civil forfeiture in the USA. Findings Civil forfeiture is an essential law enforcement tool. Originality/value While undeniably an essential law enforcement tool, civil forfeiture is sometimes used as a shortcut to conserve resources.

Impacts of the FoSHU (Food for Specified Health Uses) system on food evaluations in Japan

2015 ◽  
Vol 32 (7) ◽  
pp. 542-550 ◽  
Author(s):  
Makoto Ono ◽  
Akinori Ono
Keyword(s):  
Design Methodology ◽  
Regulatory System ◽  
Health Claims ◽  
Food Marketing ◽  
External Effects ◽  
Content Type ◽  
Consumer Evaluation ◽  
The Public ◽  
The Usa ◽  
First Time

Purpose – This study aims to examine the various effects of two licensing factors – health claims and “FoSHU seal”, which can be appeared on packages only with permission. In the Food for specified health uses (FoSHU) system, Japanese Government controls all health claims on packages of food products for the first time in the world. Design/methodology/approach – In Study 1, the authors investigate the signaling effects of the two licensing factors with a 2 (health claims: yes/no) × 2 (FoSHU seal: yes/no) factorial design. Then, in Study 2, the authors investigate the external effects on alternative brands with a 2 (package of the non-FoSHU brand: similar/dissimilar to the FoSHU brand) × 2 (presentation of the FoSHU brand: yes/no) design. Findings – The results show that food evaluations are affected by the FoSHU seal, indicating that, with the symbolic mark, FoSHU foods can be successfully differentiated from non-FoSHU foods. In contrast, food evaluations are not affected by health claims – health claims have external effects on evaluations of non-FoSHU products in the category if both FoSHU and non-FOSHU products have a similar package. Originality/value – Although there are many studies regarding the impacts of health claims on food evaluations, they have assumed only US regulatory system and, therefore, have not examined the effects of licensing marks. Also, because Japanese approval system is dissimilar to US regulatory system, the effects of health claims in Japan are different from those in the USA. By analyzing various effects of Japanese system on consumer evaluation of food healthiness, this study contributes to a better understanding of the impacts of the public policy and food marketing on consumer behavior.

Do information technology (IT) capabilities affect hotel competitiveness?

2020 ◽  
Vol 11 (3) ◽  
pp. 447-460
Author(s):  
Nan Hua
Keyword(s):  
Design Methodology ◽  
Financial Data ◽  
Content Type ◽  
It Systems ◽  
Study Results ◽  
It Capabilities ◽  
The Usa ◽  
Lagged Effects ◽  
The Individual ◽  
Direct Measures

Purpose This paper aims to examine the impacts of IT capabilities on hotel competitiveness. Design/methodology/approach This study adapts and extends Hua et al. (2015) and O’Neill et al. (2008) by incorporating the specific measures of IT expenditures as proxies for the relevant IT capabilities to explore the impacts of IT capabilities on hotel competitiveness. Findings This study finds that expenditures on IT Labor, IT Systems and IT Websites exert different impacts on hotel competitiveness. In addition, IT capabilities exert both contemporary and lagged effects on hotel competitiveness. Originality/value This study is the first that uses financial data to capture direct measures of individual IT capabilities and tests the individual impacts of IT capabilities on hotel competitiveness from both contemporaneous and lagged perspectives. It uses a large same store sample of hotels in the USA from 2011 to 2017; as a result, the study results can be reasonably representative of the hotel population in the USA.

Autonomous vehicles: a review of the ethical, social and economic implications of the AI revolution

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shweta Banerjee
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Design Methodology ◽  
Technological Advancement ◽  
Economic Implications ◽  
Content Type ◽  
The Public ◽  
Autonomous Cars ◽  
The Subject ◽  
Practical Implications

PurposeThere are ethical, legal, social and economic arguments surrounding the subject of autonomous vehicles. This paper aims to discuss some of the arguments to communicate one of the current issues in the rising field of artificial intelligence.Design/methodology/approachMaking use of widely available literature that the author has read and summarised showcasing her viewpoints, the author shows that technology is progressing every day. Artificial intelligence and machine learning are at the forefront of technological advancement today. The manufacture and innovation of new machines have revolutionised our lives and resulted in a world where we are becoming increasingly dependent on artificial intelligence.FindingsTechnology might appear to be getting out of hand, but it can be effectively used to transform lives and convenience.Research limitations/implicationsFrom robotics to autonomous vehicles, countless technologies have and will continue to make the lives of individuals much easier. But, with these advancements also comes something called “future shock”.Practical implicationsFuture shock is the state of being unable to keep up with rapid social or technological change. As a result, the topic of artificial intelligence, and thus autonomous cars, is highly debated.Social implicationsThe study will be of interest to researchers, academics and the public in general. It will encourage further thinking.Originality/valueThis is an original piece of writing informed by reading several current pieces. The study has not been submitted elsewhere.

scholarly journals Variations in American marketing practices of early 19th-century ceramic importers and dealers, reflecting culture and identity

2020 ◽  
Vol 12 (3) ◽  
pp. 345-375
Author(s):  
Neil Ewins
Keyword(s):  
19Th Century ◽  
Design Methodology ◽  
Marketing Research ◽  
Early 19Th Century ◽  
Content Type ◽  
Advertising Strategy ◽  
Political Views ◽  
The Usa ◽  
Anglo American ◽  
The 19Th Century

Purpose This paper explores the advertising strategy of crockery importers and dealers in relationship to their origins and backgrounds. This is a departure from earlier ceramic-history literature which tended to focus on the Staffordshire producers, with limited awareness on how the identity of importers and dealers influenced what products were sold, and their individual approaches to marketing. Design/methodology/approach Within a context of historical marketing research, this paper analyses newspaper advertising and commentary. It combines an examination of marketing practices with a wider consideration of the cultural identities of ceramic importers and dealers. The digitalization of historical records, combined with sophisticated search engines, makes it more feasible to examine a broader range of sources. Thus, modern research methods can enhance our understanding of production and demand and reveal how marketing strategy was diverse. Findings Awareness on how advertising was influenced by the backgrounds and socio-political views of importers and dealers demonstrates ways in which Anglo-American ceramic trade could be far more market-led. More significantly, marketing approaches were not necessarily responding to American demand, but rather that importers could engage in commissioning goods which reflected their own views on politics, religion or slavery. Originality/value Examining the advertising of importers demonstrates the complex relationship between production and ceramic demand. This paper opens up debates as to how far the advertising of other merchandise in the USA shows evidence of taking a more individual approach by the 19th century.

They did not start the fire: reviewing and resolving the issue of physician stress and burnout

2017 ◽  
Vol 31 (4) ◽  
pp. 410-417 ◽  
Author(s):  
Julie Christine Babyar
Keyword(s):  
Design Methodology ◽  
Intervention Studies ◽  
Future Research ◽  
Organizational Strategies ◽  
Physician Burnout ◽  
Content Type ◽  
Current State ◽  
The Usa ◽  
Research Accountability ◽  
Physician Stress

Purpose Physician stress and burnout is a serious and common concern in healthcare, with over half of physicians in the USA meeting at least one criterion for burnout. The paper aims to discuss these issues. Design/methodology/approach A review on current state of physician stress and burnout research, from 2008 to 2016, was undertaken. A subsequent perspective paper was shaped around these reviews. Findings Findings reveal research strength in prevalence and incidence with opportunities for stronger intervention studies. While descriptive studies on causes and consequences of physician burnout are available, studies on interventions and prevention of physician burnout are lacking. Future research on physician stress and burnout should incorporate intervention studies and take care to avoid limitations found in current research. Accountability and prevention of physician burnout is the responsibility of the healthcare industry as a whole, and organizational strategies must be emphasized in future research. Originality/value The value of this research comes in the original comprehensive review, international inclusion and succinct summary of physician burnout research and strategies.

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