The Political Economy of Government Regulation
Spring 2006
Professor Daniel Carpenter
Department
of Government
Lecture MW
Office hours: Th
Description: A
theoretically-driven survey of the regulation of social and economic activity
as it is carried out by governments and government agencies. We will address the following questions: How
in fact do regulations arise and evolve?
What are their politics – that is, how to organized political agents
influence their origination, change, enforcement? What are the rationales for regulation of
economic industries? Do regulations
achieve their desired objectives? How
would we know if they did, or did not? How do changes in economic regulations change
firm behavior, both individually and in the aggregate?
My hope is that this
course offers some advantages over other courses on regulation offered
elsewhere in the world. First, the
primary aim of the course is to introduce theoretical models and metaphors that
can be applied to a wide variety of regulatory regimes and policies. With that in mind, a good portion of our
reading and work will be theoretical and methodological in nature. Not all of the theoretical and methodological
work will be mathematical – for instance, the writings of Sam Huntington,
Stephen Breyer, George Stigler, and others – but much of it will be.
Second, this course
aims to take a more rigorous approach to regulation than is usually
offered. The standard approach to
regulation [witness Viscusi,
Relatedly, the aim
is to address the historical development of regulation and regulatory policies
in a way that is as thorough and methodologically-driven as possible. The study of regulation is full of
neo-Lamarckian functionalist reasoning – i.e., because a policy had effects X (public interest, capture), it must
have been the case that politicians/groups designed the policy with effects X in mind. By a more careful and scientific approach, I
hope that we can evaluate claims about regulation, recognizing indeterminacy
where it exists.
Third, I have
attempted to include a judicious balance of the “golden oldies” of regulatory
theory as well as selected new research that emphasizes where the theory is
going. I do so with the explicit
understanding that much previous work in the field of regulatory economics and
regulatory politics is poorly conceived and poorly carried out. A lot of new research in these fields
promises to change that.
In this respect,
much of the technical material consulted in this course departs from the
standard technology of general equilibrium theory used in older political economy
analyses, and focuses instead upon decision-theoretic, stochastic and
game-theoretic models. The aim is to
build up models of regulatory systems, markets, and political regimes from a
scientific base of micro-level models.
I will attempt on
occasion to deal with the most current issues of regulatory policy, including
energy regulation, emissions trading, telecomm deregulation, and FDA drug
approval. Another of my hopes is that,
as the semester progresses, we can dirty our hands with actual analyses of
regulatory implementation, politics, and effects. As part of these assignments, and as part of
a final paper, you will seek out your own data sets and documents on regulation
and conduct theoretical and empirical analyses of the policies that you read
about.
After a brief
theoretical introduction, we will launch into 12 straight weeks of deeply
empirical readings and reflection on the operation of federal regulatory
polices in the
·
energy
and environmental (EPA, FERC, utility
regulation)
·
transportation
(ICC, FAA, DOT)
·
“regulation of risk,” or labor, workplace and environmental safety (NLRB, OSHA)
·
pharmaceutical
(FDA, EU).
We may replace the
transportation module with another module.
I shall, however, leave antitrust to another course. I previously studied telecomm in this course
but it seems now to have become a subject of its own, so I leave it out this
semester.
Requirements: Three individual
written assignments and problem sets (each 3-5 pages) over the course of the
semester and, most important, a team-researched, team-written paper that
evaluates theoretically and empirically an existing federal government
regulation (25-30 pages, with additional supporting documentation if
necessary). This effort can be solo, but
some efforts will require teams.
Prerequisites:
There are no absolute prerequisites, but this is a graduate class, and the
student will find the course easier if he or she knows some calculus,
statistics, a working knowledge of
Students will be asked to evaluate theoretically and empirically a government regulatory policy or a proposed alternative (or, if you prefer, a policy alternative that you propose).
I should say here that my assignment of books, articles, does not connote an agreement with any of them. In fact, much of our time will be spent picking apart the arguments of these authors.
[Breyer 1] Breyer, Stephen. Regulation and Its Reform (Cambridge: Harvard University Press, 1980). [Nth edition]
[Carpenter]
Carpenter, Daniel P. The Forging of
Bureaucratic Autonomy: Reputations, Networks and Policy Innovation in Executive
Agencies, 1862-1928 (
[James] James,
Scott. Presidents, Parties and the State: A Party-System Perspective on
Democratic Regulatory Choice (
[Avorn] Jerry Avorn, Powerful Medicines (Knopf).
[Viscusi] Fatal Tradeoffs: Public and Private
Responsibilities for Risk (
[Troesken] Troesken, Werner. Why Regulate Public Utilities? (
[Rothenberg] Politics, Organization and Regulation:
Interstate Trucking Regulation at the ICC (
[Possibly some selections from the new Breyer book]
Optional:
This is a textbook used in many courses:
[VVH] W. Kip Viscusi, John M. Vernon and Joseph E. Harrington, Jr. Economics of Regulation and Antitrust, Third Edition, (MIT Press, 2000).
Schedule of Lectures
and
I. MODULE ONE:
INTRODUCTION AND GENERAL THEORIES OF REGULATION
(Wednesday, February 1st): Introductory
Lecture: Dilemmas of Regulation.
Theme A: The Public
Interest Theory of Regulation [1 session] (Monday,
February 6th)
Pigou, A.C. The Economics of Welfare (1938), Part I, Chapter 32, Part II, Chapter 22. These are on the “web.”
A note: what is left of the public interest theory of regulation is discussed here. It’s a sad commentary on the level of theoretical development in this genre that something written in the 1930s is considered the sole theoretical alterative to capture and rent-seeking theories. For more interesting, more theoretically developed and more tenable models that are an alternative to capture, see Theme C below.
Theme B: The
Capture Theory of Regulation [1 week; 2 sessions] (Wednesday,
February 8th and Monday, February 13th)
Huntington, Samuel P. 1952. "The Marasmus of the ICC: The
Commission, the Railroads, and the Public Interest." The Yale Law Journal. 61:
467-509. [E]
George Stigler, “The Theory of Economic Regulation,” Bell Journal of Economics and Management
Science, issue date. [E]
Possibly chapter one of Werner Troesken, Why Regulate Public Utilities?
Djankov,
La Porta, Lopes-de-Silanes, and Shleifer, The Regulation of Entry, Quarterly
Journal of Economics, Vol CXVII, Issue 1, 2002. [E]
Laffont, Jean-Jacques, and Jean Tirole.
1991. “The Politics of Government Decision-Making: A Theory of Regulatory
Capture.” Quarterly Journal of Economics 4 (November): 1089–1127. [E]
Peltzman,
Sam. "Toward a More General Theory of Regulation." Journal of Law
and Economics, 1976, 19 (2), Conference on the Economics of Politics
and Regulation), pp. 211-40. [E]
Theme C:
Informational and Reputational Theories of Regulation [1 week, 2 sessions] (Wednesday, February 15th and Monday, February
20th)
Carpenter, Introduction and Chapter One of The Forging of Bureaucratic Autonomy.
Carpenter, “Protection without Capture: Product Approval by a Politically Responsive, Learning Regulator,” American Political Science Review 98 (4) (November 2004) 613-31. [E]
Carpenter and Ting, “A Theory of
Approval Regulation,” typescript,
Gordon and Hafer, “Avoiding Regulation,” manuscript, Department of Politics, NYU. How public interest regulation would be infrequently observed even if it were the driving rationale for regulation. [Web]
Gordon and Hafer, “Flexing Muscle: Corporate Political Expenditures as Signals to the Bureaucracy,” American Political Science Review 99 (2) (June 2005). [E]
II. MODULE TWO –
MONOPOLY AND ASYMMETRIC INFORMATION: REGULATING ENERGY PRODUCTION AND
CONSUMPTION
Note: We begin with energy for two reasons. First, you will undoubtedly have noticed how timely this subject is, with petroleum-based fuel prices rising and falling recently. Yet energy regulation is also crucial because it is here that we find the form of regulation – price regulation of a governed monopoly provider – which has most occupied the minds of scholars of regulation. That is a good and bad thing. The credit owed to all of this work is that scholars understand very well the dynamics of regulating a monopoly provider. The bad thing is that, empirically and especially theoretically, most other firms of regulation have been relatively ignored.
Theme A: How We Got
Utility Regulation [Monday, Feb 27]
Theme I
[required] Scott James, Presidents, Parties and the State, chapter on Public Utility regulation Act of 1935.
Theme B: Utility
Regulation and the Averch-Johnson Critique. [March
1]
Averch, Johnson, “Behavior of the Firm under Regulatory Constraint,” American Economic Review. [E] We will walk through this model pretty closely.
[Background]: VVH, “Theory of Natural Monopoly” and “Natural Monopoly Regulation and Electric Power,” chapters 11 and 12.
Theme C: Regulating
Monopolies: The Problem of Asymmetric Information [Mar
6]
Theme II Readings: [required] Baron and Besanko, “Regulation, Asymmetric Information, and Auditing,” RAND Journal of Economics 15 (4): 447-470. [E]
For a similar model as applied to the legislature-versus-bureaucracy problem, see Jeffrey S. Banks, “Agency Budgets, Cost Information, and Auditing,” American Journal of Political Science [E]
Baron and Myerson, “Regulating a Monopolist with Unknown Costs,” Econometrica 50 (4) (July 1982): 911-930. [E] [this paper is quite technical but worth spending some time with.]
[This week offers a brief introduction to signaling games. Consult Jeffery Banks, Signaling Games in Political Science, for an accessible review of these models; another nice treatment is Fudenberg and Tirole, Game Theory. for another nice treatment, see James Morrow, Game Theory for Political Scientists. ]
Theme D. Federal
Regulation of Energy: Nuclear Power, licensing & other regulations upon the
production and distribution of energy [Mar 8]
Gordon and Hafer, “Flexing Muscle: Corporate Political Expenditures as
Signals to the Bureaucracy,” American
Political Science Review 99 (2) (June 2005). [E] We will have entertained
this theoretical perspective before; for now, focus on the empirics of this
piece, how they assembled the data set, etc.
~~
Optional Theme II E:
The Energy Crisis in
Paul L. Joskow and Edward Kahn, “A Quantitative Analysis of Pricing Behavior in
Utility Reform Network, “COOKING THE BOOKS: How PG&E and S E hide
assets, artificially inflate their power purchase
costs, and want consumers to pay for it.” [Web page]
Report by JBS Energy, at http://www.jbsenergy.com
Survey documents available at the Department of Energy website: http://www.eia.doe.gov/cneaf
~~
MODULE III: ENVIRONMENTAL REGULATION
Please note that the subject of environmental policy – including environmental economics, environmental history, and environmental politics – has become something of a subfield unto itself in recent years. And I do not pretend to be an expert in this subfield. Accordingly, our survey or work will be selective, focusing only on some general theoretical considerations and a select few empirical studies.
Theme III A: History
and The Rationale for Environmental Regulation and the Clean Air Act of 1970. [Mar 13]
Details
and some history of Clean Air Act of 1970 discussed in class.
William A. Pizer, “Optimal Choice of Policy Instrument and Stringency under Uncertainty: The Case of Climate Change,” Resources for the Future Working Paper. Alternatively, chapter from Dixit and Pindyck, Investment under Uncertainty, on valuing externalities under uncertainty and irreversible environmental action.
[Optional]: VVH, “Introduction: The Emergence of Health, safety, and Environmental Regulation,” “Valuing Life and Other Nonmonetary Benefits,” and “Environmental Regulation”; Chapters 19-21.
Theme III B: What
are the Effects of Environmental Regulation and how Ought we to Evaluate Them?
[1 week, 2 sessions] [Mar 13, 15]
Michael
Greenstone, “The Impacts of Environmental Regulations on Industrial Activity:
Evidence from the 1970 and 1977 Clean Air Act Amendments and the Census of
Manufacturers.” Journal of Political Economy, 2002, 110(6). [E]
Kenneth Chay and Michael Greenstone, “Air
Quality, Infant Mortality, and the Clean Air Act of 1970,” American Economic Review [E].
K.
Chay and M. Greenstone, “Does Air Quality Matter? Evidence from the Housing
Market,” Journal of Political Economy, April 2005, 113(2).
[E]
M.
Greenstone, “Did the Clean Air Act Amendments Cause the Remarkable Decline in
Sulfur Dioxide Concentrations?” Journal
of Environmental Economics and Management, 2004, 47. [E]
Kenneth
Chay and Michael Greenstone. “The Impact
of Air Pollution on Infant Mortality: Evidence from Geographic Variation in
Pollution Shocks Induced by a Recession,” Quarterly
Journal of Economics,
2003, 118(3). [E]
Randy Becker and
Andrew B. Whitford
and Eric Helland, “Pollution Incidence and Political Jurisdiction: Evidence
from the TRI,” Journal of Environmental Economics and Management, Vol. 46,
No. 3, pp. 403-424, 2003 [E]
Andrew B.
Whitford, “The Pursuit of Political Control by Multiple Principals,” Journal
of Politics, Vol. 67, No. 1, pp. 39-49, 2005 [E]
Evan J. Ringquist. 1993.
"Does Regulation Matter?
Evaluating the Effects of State Air Pollution Control Programs," Journal of Politics 55 (4) (Nov 1993)
1022-1045. [E]
Canes-Wrone, Brandice. “Bureaucratic Decisions
and the Composition of Lower Courts.” American
Journal of Political Science 47 (2003):
205-214 [E]
Winston Harrington,
Richard D. Morgenstern, and Peter Nelson.
“On the Accuracy of Regulatory Cost Estimates,” Resources for the Future
working paper. [Web]
Ted Gayer, James T. Hamilton, and W.
Kip Viscusi, “Private Values of Risk Tradeoffs at Superfund Sites: Housing
Market Evidence on Learning about Risk,” Review
of Economics and Statistics 82:3
(August 2000), 439-451. [E]
Ted Gayer, “The Fatality Risks of
Sport-Utility Vehicles, Vans, and Pickups Relative to Cars,” Journal of Risk and Uncertainty 28:2 (2004), 103-133.
[E] This paper relevant to studies re the Corporate Average Fuel Economy
(CAFÉ) standards.
Theme III C:
Federalism, Political Dilemmas and Environmental Enforcement [Mar 20]
Hird, J. (1990)
“Superfund Expenditures and Cleanup Priorities: Distributive Politics or Public
Interest?” Journal of Policy Analysis and Management, 9:455-83.
“Pollution Incidence and Political Jurisdiction: Evidence from the TRI,” Eric Helland and Andrew Whitford, manuscript. [Web page]
Cynthia Lin, “How should standards be set and met? An incomplete contracting approach to regulatory delegation,”
http://kuznets.fas.harvard.edu/~cclin/papers/delegation_paper.pdf
Theme III D: Policy Alternatives in Environmental Regulation -- Pollution Emissions Trading, Self-Regulation [Mar 22]
Juan-Pablo
Montero, "Voluntary Compliance with
Market-Based Environmental Policy: Evidence from the
Joskow, Paul L., and Richard
Schmalensee. "The Political Economy of Market-Based Environmental
Policy: The
Nathaniel
O. Keohane, Richard L. Revesz and Robert N. Stavins, “The Positive Political
Economy of Instrument Choice in Environmental Policy,” Resources for the Future
working Paper. [Web]
Potoski, Matthew and Aseem Prakash.
2005. “Green Clubs and Voluntary Governance: ISO 14001 and Firms’ Regulatory
Compliance” American Journal of Political
Science 49:2(April) 235-248. [E]
Prakash, Aseem and Matthew Potoski.
Forthcoming. “Racing to the Bottom?: Globalization, Environmental Governance
and ISO 14001” American Journal of
Political Science [E]
MODULE V: THE
REGULATION OF TRANSPORTATION
Spring Break
Theme A: The
Evolution of Transportation Regulation in the
Scott C. James, Presidents, Parties and the State, Chapters 1 and 2.
Theme B: Trucking
Regulation under the Rationale of “Excessive Competition.” [Mar 22]
Breyer, “Mismatch: Excessive Competition and the Trucking Industry,” Chapter 12 in Regulation and its Reform.
Article
on effects of trucking regulation. Some
sort of reading that shows that reg hasn’t died just b/c ICC is no longer
around.
Next in this module by transiting slightly from environmental regulation with the CAFE standards. These are both environmental regulations and transportation regulations, inasmuch as the production of transportation vehicles is directly regulated.
Theme C: Airline
Regulation and Deregulation. [Mar 22, finish
leftovers on Apr 3]
Breyer, “Mismatch: Excessive Competition and Airline Regulation,” Chapter 11 in Regulation and its Reform.
Optional: VVH, Chapter 17.
MODULE VI: THE
REGULATION OF RISK in LABOR and SAFETY
Theme A: OSHA
Regulation: Does it Work? What are its
Effects? [Apr 3]
Viscusi, Fatal Tradeoffs, selections.
V. Kip Viscusi. “The Impact of Occupational Health and Safety
Regulation,”
John Scholz and Wayne Gray. “Can the Government Facilitate Cooperation? An Informational Model of OSHA Enforcement,” American Journal of Political Science (1997).[E]
Optional:
VVH, Chapters 19, 20, 23.
Theme B: Political
Influences over Labor Regulation [Apr 5]
Moe, “Control and Feedback in Economic Regulation: The Case of the NLRB,” American Political Science Review (1985). [E]
Scholz, Twombly, and Headrick. "Street-Level Political Controls Over Federal Bureaucracy," American Journal of Political Science 41:693-717. [E]
Greg Huber, "Information or
Influence? Explaining Variation in Enforcement Outcomes," manuscript,
Department of Political Science,
MODULE VII: THE
REGULATION OF HEALTH TREATMENTS AND PHARMACEUTICALS
Theme A: History and Possible Rationales. [Apr 10, 12] [Notice that the literature on both of these is severely underdeveloped.] 1 week, 2 sessions
Session 1: The History:
Marc Law, "History of Food
and Drug Regulation in the
Marc Law, “"The Origins of State Pure Food Regulation." Journal of Economic History, December 2003, v. 63 (4): 1103-1130. [E]
Carpenter, “Multiple Networks and
the Autonomy of Bureaus,” Chapter 8 of The
Forging of Bureaucratic Autonomy; also Chapter 6.
Carpenter and Sin, “"Crisis and the Emergence of Social
Regulation: The Food, Drug and Cosmetic Act of 1938" [Web]
Session 2: Rationales
Breyer, “Standard Setting,” Chapter 5 in Regulation and its Reform.
Avorn, Powerful Medicines, selections.
Carpenter, “A Simple Model of
Placebo Learning with Self-Remitting Diseases,” manuscript,
Carpenter, “A General Model of
Placebo Learning: How More Consumer Options Can Increase Learning Bias and
Reduce Welfare,” manuscript,
For the Carpenter
placebo-learning models, see Bertsekas, D. and S. Shreve, Stochastic Optimal Control: The Discrete-Time Case (
Theme B. Theories
of Regulatory Behavior [Apr 17] [here,
too, not much published]
Carpenter, “Protection without Capture: Product Approval by a Politically Responsive, Learning Regulator,” American Political Science Review 98 (4) (November 2004) 613-31. [E]
We
will walk mathematically through a reduced form of this model. For background, see Karatzas, Ioannis, and Steven E. Shreve. 1991. Brownian Motion and Stochastic Calculus. 2nd ed.
Carpenter and Ting, “A Theory of
Approval Regulation,” typescript,
Theme C. The
Clinical, Political and Strategic Dynamics of Drug Development and Approval (2
sessions on these empirical studies) [Apr 19, 24]
David Dranove and David Meltzer, “Do Important Drugs Reach the Market Sooner?” RAND Journal of Economics issue specifics. [E]
Olson, “Firm Influences on FDA Drug Approval,” Journal of Economics and Management Strategy 1997. [E]
Carpenter, D.P. “Groups, the Media, Agency Waiting Costs, and FDA Drug Approval,” American Journal of Political Science (July 2002).
Carpenter, Turenne, et al, “Why
do Bigger Firms Receive Faster Drug Approvals?” manuscript,
Carpenter, Rynbrandt, et al, “Early
Entrant Protecftion in Approval Regulation: Theory and Evidence from New Drug
Review in the
Theme D: The
Effects of Pharmaceutical Regulation (1 session on these empirical studies)
[Apr 26]
Sam Peltzman. “An Evaluation of Consumer Protection Legislation: The 1962 Drug Amendments,” Journal of Political Economy 1973. [E]
Lacy Glenn Thomas, “FDA Impacts on Innovation,” RAND Journal of Economics 1987 [E].
Theme E:
Postmarketing Safety [May 1]
Avorn, Powerful Medicines (selections).
Carpenter and Ting, “Regulatory Error under Two-Sided Uncertainty.” [Web, or distributed.]
Carpenter and Ting, “The Political Logic of Regulatory Error,” Nature Reviews (2005). [E]
Theme F: Recent Policy
Reforms and Their Evaluation [May 3]
Carpenter, Chernew, Fendrick… Approval Times for New Drugs: Does the Source of Funding for FDA Staff Matter? Health Affairs
Berndy, Philipson, Stroceck, “PDUFA Paper,” Nature Reviews – Drug Discovery (2005) [E]
Carpenter, Lok, and Tjoa. Paper replicating and critiquing Berndt, et al. [E]
Reports from Public Citizen,
Mary Olson, Paper on User Fees. [Packet or Web]
The
Political Economy of Deregulation and Regulatory Restraint.
Johnston,
Jason Scott. 2002. “A Game-Theoretic Analysis of Alternative Institutions for
Regulatory Cost-Benefit Analysis.”
OPTIONAL
MODULE: TELECOMM REGULATION
1: Monopolies, Networks and Rationales for Regulation.
Breyer, “Allocation under a Public Interest Standard,” Chapter 4 in Regulation and its Reform.
VVH, “Dynamic Issues in Natural Monopoly Regulation: Telecommunications,” Chapter 15.
2: How has
Regulation Operated?
Breyer, “Problems of a Possible Match: Natural Monopoly and Telecommunications,” Chapter 15 in Regulation and its Reform.
[Optional] VVH, “Franchise Bidding and Cable Television,” Chapter 13.
3: Political
Influences in FCC Regulation
Daniel Carpenter, “Adaptive Signal Processing, Hierarchy and Budgetary Control in Federal Regulation,” APSR (1996). [J-STOR]
Charles Shipan, Designing Judicial Review: Interest Groups, Congress and Telecommunications Policy (Ann Arbor: University of Michigan Press, 1998), selections. [packet]
4: Telecomm
Deregulation. Has it Worked?
JAMES R. GREEN* and DAVID J. TEECE**, “FOUR APPROACHES TO
TELECOMMUNICATIONS, DEREGULATION AND COMPETITION: THE
[*] In some cases subsets of these hours
will be held. In addition, I am teaching an undergraduate course this semester
and please be apprised of the fact that some of these hours will be taken up by
Harvard undergraduates enrolled in that course.