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dc.contributor.advisor Thaw, David 2014-06-12T18:29:03Z 2014-06-12T18:29:03Z 2014-06
dc.identifier.citation 89 Wash. L. Rev. 329 (2014) en_US
dc.identifier.issn 0043-0617
dc.description Volume 89, Number 2, June 2014 en_US
dc.description.abstract David Thaw, Visiting Assistant Professor of Law, University of Connecticut; Affiliated Fellow, Information Society Project, Yale Law School. Effective July 1, 2014, Assistant Professor of Law and Information Sciences, University of Pittsburgh. Abstract: Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest: (1) legislatively mandated adoption of recommendations by an advisory committee comprising private interests and “reduced-bias” subject matter experts; (2) relaxed procedural constraints for committee action to prevent internal committee capture; and (3) opportunities for committee participation to be worthwhile for representatives of private parties beyond the mere opportunity to advance their own interests. This Article presents recommendations based on those characteristics as to how and when legislatures may endeavor to replicate this success in other industries to improve both the legitimacy and efficacy of the regulatory process. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [89WashLRev0329] Enlightened Regulatory Capture en_US
dc.type Article en_US
dc.rights.holder Copyright 2014 by Washington Law Review Association. en_US

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