Special Interests and the Interstate Commerce Commission

1933 ◽  
Vol 27 (5) ◽  
pp. 738-751 ◽  
Author(s):  
E. Pendleton Herring

A conflict of interests is implicit in most administrative problems, and the successful adjustment of these forces within a predicated legal framework means that the purpose of the governmental agency has been achieved. This consummation is beset with difficulties. The interplay of economic and political influences must be examined in connection with the statutory and formalistic competence of a given governmental bureau if any understanding of the process of administration is to be obtained. Only if the problem is first narrowed to one field, and then focussed upon a single agency, can the component factors be brought to direct and concrete analysis. An effort will be made here to examine the Interstate Commerce Commission in terms of the group pressures that are exerted upon it in its regulatory capacity. The purpose is to discuss the nature of the relations that arise between a regulatory body and the interests touched by its authority and to call attention to the possibilities and problems inherent in such a contact. In short, What political and economic forces make up the environment of the Interstate Commerce Commission, and how does it adapt itself to this environment?


1933 ◽  
Vol 27 (6) ◽  
pp. 899-917 ◽  
Author(s):  
E. Pendleton Herring

In the juristic sphere, the Interstate Commerce Commission is charged with enforcing and interpreting certain statutes, hearing and weighing evidence, and rendering formal judgment when the facts have been ascertained. But the recognized judicial character of this work does not render the Commission immune from efforts to influence its judgments. The struggles of contending economic groups and political influences give rise to actions intolerable in a court of law and to repeated efforts to obtain favorable decisions through the use of propaganda. The Commission performs its duties in surroundings far from neutral, and must cope with pressures too powerful to be exorcised by simple exhortation or condemnation. The problem is one of canalizing influences which cannot be eliminated, to the end that they may increase rather than decrease the efficiency of the administrative process and that the public interest may not be submerged in the undertow of sectional and political cross-currents.





Author(s):  
Huan Lin ◽  
Tai-Wei Lan ◽  
Min-Tsang Chang ◽  
Wuu-Kune Cheng

The “Nuclear Materials and Radioactive Waste Management Act” (NMRWMA) in Taiwan has been in use since 2002. To promote further administrative efficiency and improve regulatory capacity, an amendment of the act has been initiated by the Atomic Energy Council (AEC). It is now being reviewed by outside experts and related communities so as to include the best understanding of risk management factors. For the future decommissioning challenges of nuclear facilities, the act is also being amended to comply with the regulatory requirements of the decommissioning mandates. Currently the Taiwan government is conducting government reorganization, and AEC will be reformed but will remain as an independent regulatory body. AEC will then be capable of improving the regulatory capacity for facilitating licensing and inspection, ensuring operational safety, environmental protection and public involvement, and giving a more flexible administrative discretion, such as expending the margin of penalty. The amendment is also required to provide a formal legal basis for the Nuclear Backend Fund, and to mandate the waste producers to take responsibility for any final debt repayment. In addition, this amendment promotes measures to prevent accidents or emergencies concerning radioactive materials and facilities and procedures to reduce the impact and effect of any unexpected events. Furthermore, this amendment intends to implement the concept of information transparency and public participation so as to meet the public needs. Finally, radioactive waste final disposal tasks have to be completed by waste producers under the supervision of the AEC.



1936 ◽  
Vol 3 (2) ◽  
pp. 220
Author(s):  
C. K. Brown ◽  
I. L. Sharfman


1937 ◽  
Vol 25 (2) ◽  
pp. 257
Author(s):  
Stuart Daggett ◽  
I. L. Sharfman


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