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Dissatisfaction with the Regulatory System, 2005.
This paper provides a detailed analysis of three examples of dissatisfaction with the regulatory system over the last two centuries.
2,000 words (approx. 8.0 pages), 12 sources, MLA, $ 63.95
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Abstract
This essay outlines the successes and failures of three major regulatory undertakings in the past two centuries, specifically the Sherman Anti-Trust Act of 1890, the Securities and Exchange Act of 1934, and the Unfunded Mandates Act of 1995.
From the Paper
""The harm done by ordinary criminals, murderers, gangsters, and thieves is negligible in comparison with the agony inflicted upon human beings by the professional do-gooders, who attempt to set themselves up as gods on earth and who would ruthlessly force their views on all others- with the abiding assurance that the end justifies the means." This quote, from Henry Weaver's book, The Mainspring of Human Progress, uses a radical contrast to explain the broad dissatisfaction with the current regulatory system. With each shift in political party dominance, legislation is pushed to become law by Congress and the House, reflecting the politically charged social, political and economic ideals of the dominant party. As easily as a majority vote can put these laws into effect, a switch in party domination and a new majority can just as easily reverse the times. As Cindy Skrzycki states in her book, The Regulators, 'there is broad dissatisfaction with the system, and someone is always trying to fix it." (Skrzycki 2003, 136). Over the past two centuries, there have been major reforms that have dealt with inadequacies or shortcomings of the system, and which attempt to reform specific aspects of life. This essay will outline the successes and failures of three major regulatory undertakings in the past two centuries, specifically the Sherman Antitrust Act of 1890, the Securities and Exchange Act of 1934, and the Unfunded Mandates Act of 1995."
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Business Legal and Regulatory Reforms, 2005.
This paper discuses that significant and measurable reforms of the business regulatory need to be made to restore industry competitiveness and to maintain an invigorated economy.
2,740 words (approx. 11.0 pages), 6 sources, MLA, $ 81.95
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Abstract
This paper explains that the regulatory environment has become overgrown with over fifty-five federal regulatory agencies, which develop, implement and enforce a myriad of regulations and issue over 2,000 new rules issued every year, resulting in many unnecessary or poorly designed regulations, which are needlessly inefficient and expensive. The author points out that the U.S. spends more than any other industrialized nation on environmental regulations, which cost close to five percent of the nation's economic output and hampers the nation's competitiveness in the world economy. The paper relates the difficulty in resolving existing disagreements over the need for regulatory reform because (1) the contending parties often disagree about the need for a regulation and (2) in many cases, the data necessary for effective risk assessment, cost-benefit and cost-effectiveness analyses, which are necessary for effective rule-making, often are ambivalent and incomplete, depending largely on assumptions and other subjective factors.
Table of Contents
Legal and Regulatory Reform: Objective and Findings From A Business Perspective
Introduction To Regulatory Environment
Economic Impact of Regulatory Expenses
Economic Impact of Tort Abuse
Regulatory Impact on the Consumer
Debunking The Myth of Big Brother and Big Business
Business Agenda on Regulatory Reform
Conclusion
From the Paper
"Over the years, a number of comprehensive regulatory reform bills have been introduced in Congress addressing the principles of risk assessment and cost-benefit analysis. The Thompson-Levin bill, for example, is a bipartisan, bare-bones measure that has three principal provisions: It
First, the bill would require agencies to perform cost-benefit analyses and, if warranted accordingly, conduct risk assessments. Unlike the Republican bills from 1995, the cost-benefit analysis would simply provide information to the public and would not serve as a mandatory decisional criterion. Second, the bill would require each agency that has issued a major rule in the last 10 years to establish an advisory committee that would provide non-binding advice to the agency head about rules that should be considered for revision. The agency would not be under obligation to revise any rules that are studied by them. Section 624 of this bill would require each agency to perform a risk assessment at both the proposal and final rule stages, using only "reliable and reasonably available scientific information" in these assessments."
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Changes to the U.S. Regulatory System, 2005.
This paper outlines the three most important changes to the U.S. regulatory system in the past two centuries and provides a detailed analysis for each basis of reasoning.
1,700 words (approx. 6.8 pages), 8 sources, MLA, $ 55.95
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Abstract
The past two centuries have been witness to many profound changes in the way Americans live their lives. The existence of a legislative body ensures that these changes to everyday life are properly regulated in society and that a basic tenet of American life, a free market, ultimately prevails. The writer explains that changes must be made to this regulatory system often to keep up with ever-changing times. Throughout the past two centuries, three changes in regulatory policy have had a significant influence on the system and society. It examines these three changes, which are the antitrust legislation of the early 20th century, the deregulation period from 1976-1996, and the advent of cost-benefit analysis in the late 20th century. These issues often are the response to a problem in society and are analyzed and supported with examples from each time period in this essay.
From the Paper
"The Sherman Antitrust Act of 1890 and the ensuing Clayton Act of 1914 were ultimately a reaction to the growth of monopolies at an alarming rate, most notably the railroad and oil industries. According to Eisner, "railroad regulation and antitrust policies became two central components of the Progressive Era's market regime." (Eisner 2000, 47). As the railroad began to revolutionize intrastate travel by offering a cheap and effective way of transporting goods, rail companies realized the enormous profit implications and rapidly consolidated their companies until there remained only a few large companies responsible for rail travel all over the United States. This led to rail owners agreeing on set prices throughout the nation, since there was no competition to spur lower prices. This disadvantaged many, including small businesses that had come to rely on the railroad for transportation of their goods to market. Oil companies took a similar path, with John D. Rockefeller's Standard Oil Trust rising to be the dominant oil company. American citizens became growingly discontent with these two industries, claiming that these two monopolies breached individual rights and made competition impossible. The progression of these two industries led to the passing of the Sherman Antitrust Act in 1890, which "committed the American government to opposing monopolies." ( Hirsch, Kett, and Trefil 2002). It outlawed any act by businesses to restrain trade or commerce. The act was largely ineffective in its early inception, due to unfavorable Supreme Court rulings. President Theodore Roosevelt's "trust-busting" campaigns saw the first successful use of the Sherman Act, with the Supreme Court affirming the government's dissolution of Northern Securities Company."
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Contemporary Regulatory Policy", 2002.
A look at the fate of regulation in in Mark Eisner's study "Contemporary Regulatory Policy".
1,150 words (approx. 4.6 pages), 1 source, $ 44.95
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Abstract
This paper is a report on Mark Eisner et al.'s 2000 study of regulation and political economy, "Contemporary Regulatory Policy". The book addresses contemporary financial regulations in the U.S., as well as energy, environment, workplace, consumer products, and telecommunications regulations, and how these policies are formed and enacted.
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Healthcare Regulatory Agency, 2006.
A discussion on the role of the American food and drug association.
1,575 words (approx. 6.3 pages), 6 sources, $ 62.95
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Abstract
This paper profiles the role of the regulatory agencies of the food and drug administration (FDA) office. It discusses how they operate and why they are necessary. The paper includes an historical recounting of the agency, it expands on the scope of authority, structure and day to day activities. It concludes with a an example of their regulatory nature.
From the Paper
"Regulatory agencies are viewed as helpful or a hindrance depending on the side of the fence you are on and the level of involvement: they either serve to protect their own by restricting outsiders from entry or they are considered police-state watchdogs. For example, the Joint Commission on Accreditation of Healthcare Organizations acts to certify and audit healthcare facilities, the American Medical Association (AMA) polices licensed medical doctors in this country and acts to confront and control those it deems practicing against AMA policies and guidelines. The US Food and Drug Administration (FDA) is one such regulatory agency with policies and actions that support other healthcare interests. The FDA is currently celebrating its centennial year having evolved from its origin as the Bureau of Chemistry of the U.S. Department of Agriculture ("FDA News," 2006) is currently under the auspices of the U.S. Department of Health and..."
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Financial Regulatory Reform in the U.K., 2008.
This paper discusses the impact of principles-based regulation on U.K. consumers in terms of restoring their confidence in the financial markets, which has been shaken by the recent collapse of some firms.
12,239 words (approx. 49.0 pages), 37 sources, APA, $ 236.95
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Abstract
This dissertation examines the impact of the sweeping reforms that changed regulation of financial services and markets in UK from the rules-based regime to one based on principles and outcomes. The main concern is to measure the effects of this reform strategy on British consumers, whose welfare and benefit were enshrined in the Financial Services and Markets Act 2007 as the greatest motivating force. The whole dissertation is structured as follows: The research question and objectives are set in the succeeding section, followed by a review of the literature. Then the writer discusses the methodology and presents the results, based on which the writer subsequently formulates a set of recommendations on how the implementation of the principles-based regulatory system can enrich the consumer's experience. The final section draws a conclusion that weighs the advantages and disadvantages of the new regulatory policy as it affects the consumers.
Outline:
Executive Summary
Introduction
Research Question
Sub-Questions
Literature Review
Theories & Concepts
Principles
Rules & Regulations
Compliance Costs
Financial Markets
Financial Scandals
Consumer Protection
Benefits
Methodology
Findings & Analysis
Recommendations
Conclusion
From the Paper
"On rules as a product of guesswork, the best that the rule maker can do is to anticipate how the rule will be applied in the future. The problem is that new situations may arise that were not expected or known when the rule was written such that the rule is likely to be interpreted and applied in ways that were not intended or anticipated in the drafting of the rule. Moreover, rules are never perfectly congruent with their purpose and may be over-inclusive and under-inclusive. The rules are under-inclusive when they fail to catch things that the rule maker might want to catch, whilst they are over-inclusive when the rules captured things that the rule maker does not need in applying the rules to a particular set of circumstances. The question is how to minimise rather than avoid these problems, and whether it is preferable to fail to include a type of conduct that should be included if the objectives are to be served, or to include certain conduct that should not be included."
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Consumer Law and Regulatory Bodies, 2002.
A look at the Office of Fair Trading.
2,400 words (approx. 9.6 pages), 8 sources, $ 89.95
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Abstract
This analyzes consumer law and the role of a regulatory body like the Office of Fair Trading.
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Legal and Regulatory Environment in US Businesses, 2006.
A review of the customs, regulations, statutes of American law and how it relates to American businesses.
2,955 words (approx. 11.8 pages), 6 sources, MLA, $ 87.95
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Abstract
A discussion regarding how the American business world exists within the regulatory and legal environment of the American legal system.
According to the paper, the American legal system is derived from old English custom. The paper also discusses how in order to gain an understanding of business Law, one should also understand the concepts of public law vs. private law, and substantive law vs. procedural law.
From the Paper
"These two cases afford a window onto the resolution of contract disputes, as well as allowing one to examine how companies are constituted, and how they are viewed by the legal authorities. A court of law is one choice for settling contract disputes, but another is through arbitration. In both these cases, it was the Chancery Court of the State of Delaware that determined that the interests of these two enterprises would best be served by arbitration, rather than going through an involved juridical process. Arbitration differs from standard court proceedings by being, in effect, an agreement reached by the two parties, rather than imposed unilaterally by a judge, or judge and jury. Nonetheless, the importance of agreement in the case of arbitration is emphasized by the decisions of the Delaware Supreme Court in these two cases. The judges ruled on the necessity of both parties having agreed to arbitrate. In other words, arbitration cannot be forced on one party. "
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Indian Gaming Regulatory Act ( Igra ), 1994.
Argues that Native American reservations are in a unique legal position as nearly sovereign political entities. Examines gambling as the most effective means by which tribes generate revenues, & some positive & negative responses.
2,700 words (approx. 10.8 pages), 9 sources, $ 95.95
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From the Paper
"Introduction:
In recent years, various Indian tribes have turned to casino-type gambling operations as a way to generate revenues and to overcome the deep-seated unemployment facing many tribes. Various commentators have noted the sudden growth of legalized gambling on Indian reservations. This shift also can be considered a sign of the sweeping shift in public morality that is under way in virtually every municipality, Indian and non.Indian, across the country as gambling has become an acceptable form of mass.market entertainment. In 1992 Americans spent more on legal games of chance than on films, books, amusement attractions, and recorded music combined; in that same year Americans spent three times as much money at Indian gambling casinos as on movie tickets (Magnuson, 1994, 169). Some of the.."
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Weaknesses in the Criminal Justice System, 2002.
Questions whether the American criminal justice system has a weak or strong link with other departments.
717 words (approx. 2.9 pages), 8 sources, APA, $ 25.95
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Abstract
In large countries, administering justice is by no means an easy task. This is because there are a great many people, composing a diverse demography amid a never-ending sea of social problems. In order to cope with these problems, criminal justice systems are set up to implement laws that address disorder. But in spite of the criminal justice system being established, intricacies created by social disorder mitigate the efficiency of the laws implemented. In addition to this, there may be other factors, such as malpractice by law enforcers that cause the justice system much embarrassment and dissatisfaction. This paper argues that the American criminal justice system appears to be composed of separate systems with weak links to each other, since they each act almost independently according to the discretion or loopholes in the law. The paper uses a case study to present its argument.
From the Paper
"Another weakness in the justice system is the allowance for law enforcing officers to use discretion. These are actions that are legitimate, but it must be remembered that these actions are allowed because of the fact that if every one had to be judged by the narrow descriptions of the law there would be many more people in jail than there already are. But the problem is that there have been several cases where police discretion has also been used in a negative fashion."
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Diet Scams in the U.S., 2002.
This paper reviews the history of regulatory efforts to control nutritional supplements, especially diet aids, in the U.S., including recent regulatory efforts and the roles of the FDA and FTC.
3,070 words (approx. 12.3 pages), 21 sources, APA, $ 89.95
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Abstract
This paper explains that desperation inflicted by the karma of being overweight and the human desire for easy answers leads to plenty of opportunities for abuse on behalf of the weight-loss industry. The author points out that the weight-loss industry has become a major component of the health care market in the United States; however, unlike other areas of health care, there is little governmental control and regulation of this industry. The paper concludes that, despite a number of regulatory efforts, a strong case can be made that the weight-loss industry represents a market failure where governmental intervention is needed. Endnotes.
Table of Contents
Introduction
Nature and Extent of Problem
History of Diet Fraud
Agencies Involved
Traditional Remedies
Regulatory Efforts
Conclusion
From the Paper
"Diet fraud has a long history in the United States: as soon as fashion industry declared that women should look a certain way, advertisements appeared in magazines proclaiming fast weight loss. A few of the early diet drugs were very dangerous, especially Marmola, Corpulin, and Kellogg's Safe Fat Reducer, which contained thyroid. Thyroid is a drug derived from animal glands that can increase metabolism so high it can burn up vital organs. The weight loss it produced was mostly in lean tissue, and the thyroid extract carried the risks of osteoporosis, increased heart rate, palpitations, sweating, chest pain, and sudden death."
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Public Opinion of Healthcare, 2005.
This paper examines the views of the public regarding the current healthcare system in the United States.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
This paper discusses what the public thinks about the healthcare system in the United States today. The writer notes that the public has expressed dissatisfaction with the healthcare system in the United States for many years, but remains divided over what to do to repair it. The writer points out that dissatisfaction arises from rapidly rising costs, concern about a lack of choice, issue of control, difficulties with insurance carriers, the rise of HMOs (which make many of these issues worse for patients) and similar matters.
From the Paper
"When the Clintons attempted to create some sort of national health care system in the 1990s, the effort was rebuffed, though it is not clear if that was because the proposals were too radical or because they were made to seem that way because they emanated from two such polarizing figures. What has been done since to address the mater has been too little, and few see the problem as improving on its own."
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California Electricity Crisis, 2006.
This paper examines the California electricity crisis and looks at the regulatory response.
2,250 words (approx. 9.0 pages), 2 sources, $ 89.95
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Abstract
This paper provides a discussion of the California energy crisis and the regulatory response by Federal Energy Regulatory Commission (FERC). Through reviewing the facts of the case and detailing FERC's response, it is shown that energy providers engaged in price manipulation and the regulatory response was slow and ineffective. The writer notes that it took several FERC attempts to get it right.
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B2B and B2C Websites, 2007.
This paper discusses the legal, ethical and regulatory dimensions
of business-to-business (B2B) and business-to-consumer (B2C) websites.
898 words (approx. 3.6 pages), 5 sources, MLA, $ 31.95
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Abstract
The paper reviews some of the legal, ethical, and regulatory issues related to operating business-to-business (B2B) and business-to-consumer (B2C) e-commerce websites. The paper explains that while many of the infrastructural solutions for these two orientations of e-commerce are the same, there are dramatic differences, such as regulatory requirements across industries.
Outline:
Abstract
Overview
Privacy Issues
Mal-Ware
Regulatory Environment
Conclusion
From the Paper
"Business to business (B2B) websites differ in various ways from business to consumer (B2C) websites from a legal, ethical, and regulatory perspective. One of the most obvious differences between the two is the fact that many B2B sites have some sort of contractual obligation to complete an order in a given time period and according to certain specifications (Luftman, 2003). In the B2C environment this same contractual undertone does not exist although e-commerce sites of the B2C variety try to limit variance in how they treat customers and fulfillment concerns as this is a quality issue. Yet, in spite of some of these legal, ethical, regulatory differences among the e-commerce oriented website functions, both are reliant on the internet to act as a new or original sales channel (Luftman)."
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