Showing posts with label regulatory capture. Show all posts
Showing posts with label regulatory capture. Show all posts

Monday, October 5, 2026

U.S. President Trump Pressures the G7 to Release Oil Reserves

Is democracy more susceptible to being run by large corporations or to mob-rule? I contend that the police and military power of the U.S. eviscerates the risk of a mob of people making much headway against a government. That same power can be used by American governments to enforce policies that are in the financial interests of companies. In fact, some retail companies hire weaponized police employees to enforce not only municipal law (against shoplifting), but also company policies, as if they constituted law and therefore legitimate a police response rather than action by a security guard. To be sure, even security guards act sometimes as if they were police officers, and too many consumers fall for the presumptive ploy to intimidate. Security-guard companies even uniform their respective employees to look like police, even SWAT, officers, as if impersonating a police officer were not a crime. In terms of the American political economy, elected representatives of the American governments looked the other way in whether to invoke anti-trust law to break up large American companies even as gasoline and food prices soared—in the case of food, from 2020 when the pandemic enabled grocery stores to price-gouge, and in the case of gasoline, especially in 2026 when Iran was choking off the Strait of Hormuz. Those representatives as well as the media companies were silent on not only the need for market competition in consolidated industries, but also the excessive power of large corporations—even multi-national corporations, which are not loyal to any country—over elected representatives and their respective appointees. In too many cases, the companies being regulated actually write the law for Congressional committees—an obvious conflict of interest. Meanwhile, the American voters are typically titillated by superficial matters, essentially tricked, as if being oriented to symptoms were crucial to voting. The tricks can include ploys even by a sitting U.S. president to make the economy look better just before an election.


The full essay is at "U.S. President Trump Pressures the G7."

Monday, July 13, 2026

California and the Eleven Dwarfs Take on the Paramount-Warner Bros Merger

In Wealth of Nations, Adam Smith foresees that capitalist industrialists could collude with government at the expense of labor. In On the Genealogy of Morals, Friedrich Nietzsche argues that keeping laborers to a subsistence wage is necessary for capitalists to have enough wealth accumulated to invest in culture. Rather than being immoral, exploitation is simply part of life and thus the resulting economic inequality cannot be removed at its source. Low wages may simply be a feature of how labor supply typically relates to business demand for workers, whereas highly educated professionals are not so numerous and can demand higher compensation. Meanwhile, what about consumers as capitalist industrialists continue to accumulate capital in part by being able to pay large workforces subsistence wages and engage in mergers and acquisitions, such that competitive markets are turned into oligopolies and even, as in the case of Rockefeller’s Standard Oil in the 1870s, monopolies capable of extracting “monopoly rents”? In the U.S., the Sherman and Clayton Acts in the early 1900s were oriented to safeguarding competitive markets from being undermined by business titans, but enforcing those federal laws would seem to fly in the face of collusion between capitalists and their respective governments. As a case in point, the U.S. Justice Department gave the green light to Paramount’s take-over of Warner Brothers/Discovery even as President Trump had a financial interest in the deal going through. In the American federal system, the state governments could act as a check, and on July 13, 2026, the announcement came that California plus eleven other states, led by their respective attorneys general, filed a lawsuit challenging the merger on the basis that it would violate Section 7 of the Clayton Act. American consumers had reason to be thankful that they were still in a federal republic of republics, even though the growth of power at the federal level had nearly eclipsed the federalism, at least as it was originally intended—as enabling checks by the feds on the states and vice versa.


The full essay is at "California and the Eleven Dwarfs Take on the Paramount-Warner Bros Merger."


Wednesday, April 29, 2026

The E.U. and U.S.: Equal Partners

In 2026, even though the U.S. had 50 member-states and the E.U. had only 27 states, both unions were large enough to constitute what in historical terms, with the European early-modern rather than (the smaller) medieval kingdoms in mind, empire-scale republics. As long as elected representatives hold office at the federal level in both political unions, both unions can be said to be republics (as well as containing republics—or, as Ken Wheare wrote in Federal Government, “wheels within a larger wheel”). Were either union to have only five or so states, the empire definition would not be satisfied. Also, that definition includes the requirement of cultural heterogeneity between (as distinct from within) the states. Being on the same (empire) scale is just one of several ways in which the two unions belong to the same political type. It was in this respect rather than based on the sheer number of states that Sophie Wilmes, vice-president of the European Parliament, said that the U.S. should not regard the E.U. as a little sister (i.e., a junior partner). I contend that she was correct.


The full essay is at "The E.U. and U.S."

Monday, April 7, 2025

Tariffs as a Negotiating Tactic: Undercut by Wall Street Expediency

With all the economic and political turmoil from the anticipated American tariffs, it may be tempting, especially for financially-oriented CEOs and billionaires looking at quarterly reports, to call the whole thing off even though doing so would deflate the American attempt to renegotiate trade bilaterally with other countries. The concerns of the wealthy, whether corporations or individuals, have their place, but arguably should not be allowed to "lead the proverbial dog from behind, lest the dog run in circles and get nowhere." Moreover, the notion that any goal that is difficult and takes some time to materialize can or even should be vetoed by momentary passions at the outset is problematic and short-sighted. That U.S. President Trump's announcement of bilateral tariffs quickly brought fifty countries to the negotiating table is significant as a good sign for the United States, as long as that country's powerful business plutocracy (i.e., private concentrations of wealth that seek to govern) can be kept from vetoing the emergent trade policy, which at least in part is oriented to trade negotiation and ultimately to the notion that fair trade is conducive to increased free trade. 


The full essay is at "Tariffs as a Negotiating Tactic."

Friday, September 13, 2024

Nature Credits in the E.U.

One of benefits of the market mechanism, by which, for example, economic goods are bought and sold, is that self-interest is relied on; people don’t have to be told to buy or sell a product because it can be in their self-interest to do so if the price is right. As an alternative to regulatory standards, a government can create units of pollution-allowance that businesses can purchase so to be lawfully able to pollute in so far as a purchased unit allows. In the E.U.’s emissions trading system, “operators of power plants and factories have to buy tradeable allowances to cover every tonne of carbon dioxide they emit.”[1] Business could buy and sell allowances so as to cover the amount of pollution that is anticipated. In this way, the market mechanism efficiently allocates pollution in line both with the interests of the companies and the public interest—the latter being made concrete in the decision on how much pollution per allowance and how many allowance units to create. Crucially, the company private interests are put within the purview of the public interest; the tail is not directing the dog. In political economies in which political-campaign contributions by businesses are high, especially if unlimited, the tail can indeed wag the dog, such that the public interest is determined by private interests. This is one reason why the Citizens United (2010) U.S. Supreme Court case is so significant. It allows corporations and labor unions to spend unlimited amounts of money on political campaigns and directly on advertisements—both being beneficial to elected officials in positions to curry favor through legislation and regulations favorable to business (or labor). The informal exchanges of political donations and legislation or regulation comprise a market of sorts. So, the market mechanism, which is created or at least regulated by government, can serve for good or ill, from the standpoint of the public interest.  Using the mechanism, such as the E.U. president proposed in 2024, on behalf of ecosystems, is for good rather than ill, and thus using, in effect, the self-interest of farmers could be better than relying on regulatory requirements that farmers expend some money and effort to beef up their local ecosystems.


The full essay is at "Nature Credits in the E.U."

1. Robert Hodgson, “Von der Leyen Moots ‘Nature Credits’ Market to Avert Ecosystem Collapse,” Euronews.com, September 13, 2024.


Saturday, June 29, 2024

The U.S. Supreme Court Reining in Regulatory Agencies: Implications for the Imperial Presidency

In Loper Bright Enterprises v. Raimondo handed down by the U.S. Supreme Court on June 28, 2024, a majority of the justices overruled Chevron v. Natural Resources Defense Council, which had been the precedent giving regulatory agencies considerable discretion in coming up with specific regulations, given the penchant of the Congress to write vague laws. In the overturning case, a group of fishermen had objected to having to pay for government observers to board the fishing boats to monitor the fishing. On the merits, it does seem unfair for regulatory agencies to charge the regulated to be regulated. In overturning Chevron, however, Loper has much broader implications, chief among them being in terms of separation of powers—specifically in reining in the expanding power of the executive branch, here at the expense of the judiciary.   


The full essay is at "The U.S. Supreme Court on Regulatory Agencies."

Friday, February 23, 2024

On the Role of Agribusiness in Global Warming

Agriculture is a major source of carbon and methane emissions, which in turn are responsible for the general trend of the warming of the planet’s atmosphere and oceans. In fact, agriculture emits more than all of the cars on the roads. 10 percent of the emissions carbon dioxide and methane in the U.S. come from the agricultural sector. Livestock is the biggest source of methane. Cows, for example, emit methane. Methane from a number or sources, including the thawing permafrost, accounted for 30 percent of global warming in 2023. As global population has grown exponentially since the early 1900s, herds of livestock at farms have expanded, at least in the U.S., due to the increasing demand.[1] We are biological animals, and we too must eat. More people means that more food is needed, and the agricultural lobby in the U.S. is not about to let the governments require every resident to become a vegetarian. Indeed, the economic and political power of the large agribusinesses in the U.S. have effectively staved off federal and state regulations regarding emissions. It comes down to population, capitalism, and plutocracy warping democracy.


The full essay is at "On the Role of Agribusiness in Global Warming."

1. Georgina Gustin, “Climate Change and Agriculture,” Yale University, February 22, 2024.

Wednesday, May 15, 2019

The FAA Deferred to Boeing on the 737 MAX Jet

After a misfiring-prone automatic stall-prevention device on the 737 MAX jet had caused two accidents in which 346 people died, an internal review at the U.S. Federal Aviation Administration, a regulatory agency, found that the regulators had relied too much on Boeing employees to conduct the safety inspections of the planes. Incredibly, Congress expanded the industry-reliance practice of the agency in 2018. Both the FAA and Congress were admittedly motivated by the added efficiency that such “sub-contracting” could bring. However, to focus on the economic benefit while ignoring the inherent (and obvious) conflict of interest in “sub-contracting” to the very companies that are regulated by the FAA is itself a red flag. A subservient or over-reliant regulatory agency cannot be a check on a company’s claims of not having sacrificed safety or even safety checks in order to focus more on profitability.  Of course, the political influence of a large company such as Boeing may have played a role in the FAA’s “back-seat” approach, but in this case the government’s own interest in stretching the coverage of its human resources may have been dominant. That such an interest could involve minimizing or ignoring outright such a blatant conflict of interest may point to a wider culture in which institutional conflicts of interest are presumed to be innocuous or even benign rather than too toxic to permit even if they have not been actively exploited.  

The full essay is at "FAA Deferred to a Regulatee."

Thursday, May 2, 2019

Big Bankers and the U.S. Government: A Coalition Circumventing Accountability on Wall Street

It is interesting that the U.S. Department of Justice did not pursue the fraudulent bankers on Wall Street not only during the Bush presidency, but also the following presidency, that of Barak Obama.  Not coincidentally, Goldman Sachs was the single biggest campaign contributor to Obama’s 2008 candidacy for president. It would seem that Wall Street had both political parties in a net by the time of the financial crisis in September, 2008. A sector of the economy being able to control both major parties is bad for not only industrial policy (i.e., favoritism), but also democracy. In short, a government should have enough strength to constrain a business sector, rather than being subject to it. The latter condition implies continued vulnerability should greed again get ahead of itself on Wall Street. By nature, greed, if allowed to go on running on its own steam, accumulates more and more momentum.

The full essay is at "Wall Street and the U.S. Government."

Tuesday, April 30, 2019

Glimpsing behind the Curtain: Vice President Lyndon Johnson and the Kennedy Assassination

Robert Ross interviewed Lyndon Johnson’s mistress, Madeleine Duncan Brown what Ross titled, “The Clint Murchison Meeting in Dallas November 21, 1963.” The interview took place sometime before her death on June 22, 2002. The content is revealing, and she comes across as very credible as it is obvious she still had feelings even then for the late president. She also had a credible motive for opening up to the American people. So in watching the interview, I did not view it as just another conspiracy theory; I paid attention. Sometimes the truth finally emerges in plain sight, rather than through complicated theories as in Oliver Stone’s film, JFK (1991). The most revealing facts to emerge from the interview are that Jack Ruby, who killed Oswald just two days after the assassination, had been at the meeting at Murchison’s mansion on the night before the assassination, and that LBJ told Madeleine while leaving Murchison’s house after the meeting, “After tomorrow, those SOB’s will never embarrass me again.” That the official narrative from the Warren Commission would still carry weight as the default account at least in the first two decades of the next century astounded me. At the very least, all of Madeleine’s knowledge of the players should have caused at least a tremor when the interview was made public. The status quo has that much inertia. Even so, the American public can gleam from Brown’s account just how different the reality of the power-brokers in (and outside of) the U.S. Government can be from what the public knows. Unfortunately, the patina or gloss even of acting can have incredible staying-power even in the face of the facts revealed. Members of the political elite and their companions may want to protect their legacies in old age, or want the freedom of conscience that comes from the impunity that can only come with death. The resulting piecemeal facts must justify themselves, however, whereas the long-standing official version often has the benefits of not only protective power and entrenchment that comes with having been the default for so long, but also a coherent (i.e., contrived) narrative. 

The full essay is at "On President Lyndon Johnson: The Man."


Friday, August 18, 2017

Massey Mining: Beyond Regulations

Massey Energy Co. owned the mine in West Virginia where 29 minors were killed in an explosion in 2010. Faulty water nozzles failed to stop a spark from setting a pocket of methane gas on fire, which in turn led to an explosion of coal dust. Other safety violations, such as not cleaning up extra coal dust, contributed to the accident too. While it is unfortunately not unusual for managers to cut corners on regulations, the attitude evinced at Massey may point to a deeper problem in how some companies view law itself--as an obstacle to be overcome rather than constrained by. 

Emergency vehicles head to the Massey explosion in which 29 miners were killed.   AP

The full essay is at "Massey Mining."

Wednesday, June 28, 2017

The E.U. Goes After Google: Where Was the U.S.?

In fining Google a record 2.4 billion euros (2.7 billion dollars) in June, 2017, for unfairly favoring its advertisers in its online shopping service, E.U. officials went “significantly further than their American counterparts.”[1] At the time, Google held more than 90 percent of the online search market in the E.U. Why would the E.U. go further than the U.S. in pressing anti-trust violations against a technology company that could be expected to gain monopoly profits? Presumably Google was favoring its advertisers on searches in the U.S. as well. Americans would mind too when an advertiser’s higher-price product comes up rather than a comparable product at a better deal. Was the E.U. more interested in protecting consumers and less concerned about pleasing a large company? The company’s sordid, self-serving practice nullifies any contending claim that the government’s motive was to go after a foreign company. I submit that the E.U. government’s action unwittingly points to a pro-business bias in the corresponding American government. 

The full essay is at "E.U. Goes After Google."





1. Mark Scott, “Google Fined Record $2.7 Billion in E.U. Antitrust Ruling,” The New York Times, June 27, 2017.

Wednesday, September 21, 2016

Tech Industry Self-Regulation: Sufficient to Handle the Ethics of A.I.?

Five of the world’s largest tech companies—Google’s Alphabet, Amazon, Facebook, IBM, and Microsoft—had by September 2016 been working out the impact of artificial intelligence on jobs, transportation, and the general welfare.[1] The basic intention was “to ensure that A.I. research is focused on benefiting people, not hurting them.”[2] The underlying ethical theory is premised on a utilitarian consequentialism wherein benefit is maximized while harm is minimized. The ethics of whether the companies should be joining together when the aim is to forestall government regulation is less clear, given the checkered pass of industry self-regulation and the conflict of interest involved,

The full essay is at "Tech Industry Self-Regulation."

[1] John Markoff, “Devising Real Ethics for Artificial Intelligence,” The New York Times, September 2, 2016.
[2] Ibid.

Monday, August 29, 2016

California Passes Stricter Pollution Targets: Bringing Business Around


California’s legislature approved a bill (SB 32) in August, 2016 that extends the climate targets from reducing greenhouse-gas emissions from 1990 levels by 2020 (the former target) to just 40 percent of 1990 levels by 2030.[1] A second law, which includes increased legislative oversight of California regulators and targets refineries in poor areas, passed as well. Diane Regas of the Environmental Defense Fund pointed to California’s climate leadership. “As major economies work under the Paris Agreement to strengthen their plans to cut pollution and boost clean energy, California, once again, is setting a new standard for climate leadership worldwide.”[2] At first glance, it would seem that the legislature had freed itself from big business to pass the bills, but the sector itself was split. I submit the anticipation of a refreshed “cap and trade” program as an alternative (or mitigating factor) to stricter regulations played a role. Simply put, using the market mechanism in government regulation makes the stricter targets more palatable to market-based enterprises.

The full essay is at "California on Greenhouse Gases."




1. Chris Megerian, “’A Real Commitment Backed Up by Real Power’: Gov. Jerry Brown to Sign Sweeping New Climate legislation,” Los Angeles Times, August 25, 2016.

Tuesday, September 22, 2015

A Subtle Conflict of Interest in Obama’s Nominee for FDA Commissioner

Robert Califf, U.S. President Barak Obama’s nominee in 2015 to head the federal Food and Drug Administration (FDA), had received consulting fees of roughly $205,000 between 2009 and early 2015 from drug companies and a medical-device maker.[1] He donated the money he had made since around 2005 to nonprofit groups, and he had ceased all such work before he became the FDA deputy commissioner for medical products and tobacco. The question is whether he would have a conflict of interest in taking the helm at the regulatory agency that puts the public’s interest above those of the regulated companies. I contend that such a conflict is indeed entailed, though not on account of the money he received or any relationships he had developed with people at the companies.

 The complete essay is at “FDA Nominee Conflict-of-Interest.”



[1] Drug companies spent an additional $21,000 reimbursing the cardiologist for travel, meals, and other expenses. Joseph Walker, “FDA Nominee Received Industry Fees,” The Wall Street Journal, September 19-20, 2015.

Friday, April 17, 2015

Hollywood’s Conflict of Interest in Trade Negotiations

At the intersection of business and government, a conflict of interest can be indicative of plutocracy, the rule of wealth, at the expense both of balanced public policy and democracy. That is to say, where the regulated have disproportionate influence over regulators and said influence places the regulated in a conflict of interest, the unethical dimension is dwarfed by the distortive impact on the political system. The disproportionate influence of the content industry (i.e., Hollywood) in the U.S. position on the Pacific Trade negotiations in 2014 is a case in point.



The full essay is at Institutional Conflicts of Interest, available in print and as an ebook at Amazon.




Monday, December 22, 2014

The Fed Lets Banks Continue Risky Trades: Too Big To Fail Ensconced

In December 2014, the U.S. Federal Reserve Bank granted banks an extra year past the July 2015 deadline to comply with a major provision of the Volcker Rule requiring the banks to unwind investments in private equity firms, hedge funds, and specialty securities projects.[1] The Fed also announced that it would give the banks yet another year to hold onto their positions. The Fed’s rationale points to an underlying conflict of interest facing the Fed, a banking regulator that is arguably too vulnerable to the banks’ lobbying muscle.

The full essay is at “Risky Trades”



1. Zach Carter, “Fed Delays Volcker Rule, Giving Wall Street Another Holiday Gift,” The Huffington Post, December 18, 2014.

Monday, December 8, 2014

Private Interests Over the Public Good: Energy Companies Capture an Attorney General

In Wealth of Nations, Adam Smith argues that the aggregation of the preferences of consumers and producers for a given good is in the public interest for the product or service. Often overlooked is Smith’s Theory of Moral Sentiments, in which the famous economist wraps a moral sentiment around the individual preferences, hence hopefully constraining them, albeit voluntarily. Herein lies the rub, for it is shaky to assume that a preference that seeks to maximize itself will voluntarily restrain itself when it rubs up against an ethical limit that is felt. Such a moral constraint is like a semi-permeable membrane in that the sentiment naturally triggered when a person comes on an unethical situation or person can be ignored or acted on.


The full essay is at “Private Interests Over the Public Good.” 

Tuesday, September 30, 2014

The New York Fed: A Case of Regulatory Capture

According to The Wall Street Journal, a study sponsored by the Federal Reserve Bank of New York in 2009 uncovered “a culture of suppression that discouraged regulatory staffers from voicing worries about the banks they supervised.”[1] Whereas the report points to excessive risk aversion and group-think as the underlying problems, a fuller explanation is possible—one with clear implications for public policy.

The full essay is at The New York Fed.




1. Pedro N. Da Costa, “N.Y. Fed Staff Afraid to Speak Up, Secret Review Found,” The Wall Street Journal, September 28, 2014.

Sunday, July 27, 2014

Timothy Geithner: A Regulator Beholden to a Bank?

In her article in The New York Times, Gretchen Morgenson raises the possibility that Tim Geithner, president of the New York Federal Reserve from 2003 to early 2009 and U.S. Treasury Secretary during Obama’s first term, was a captured regulator, “a man locked into the mind-set of the very bankers he was supposed to oversee.”[1] I contend that while a shared mindset was part of the mix, he was actively doing the bidding of Wall Street, and one bank in particular, which he owed big time. That is to say, it is not just that he worked with Republicans such as Ben Bernanke, chairman of the Fed, and Henry Paulson, Bush’s Treasury Secretary. There is more to it in him being portrayed throughout his confirmation hearing for Treasury as “a tool of Wall Street.”[2]





[1] Gretchen Morgenson, “Geithner, Staying on Script,” The New York Times, May 17, 2014.
[2] Timothy Geithner, Stress Test (Random House: New York, 2014), p. 2.