Re: SCOTUS rules in Dickerson v. Zurko

On Mon, 21 Jun 1999, John Noble <jnoble[_at_]dgsys.com> wrote:
>
> On 6/20/99, John Kasdan <kasdan[_at_]columbia.edu> wrote:
> >
> > I think that there are still issues of agency capture to consider,
> > but the fact is that court capture was even more serious.
>
> I don't understand these terms -- court capture, agency capture. Can
> you explain?

The term "agency capture" is used by the Law 'n' Economics folks and (even more) by the Public Choice types around George Mason to describe the situation whereby regulatory agencies tend to become supportive of the industries they are supposed to regulate, to the detriment of the public they are supposed to protect. "Court capture" is a neologism of my own, applicable by analogy to a specialized court like the CAFC.

John Kasdan
<kasdan[_at_]columbia.edu> Received on Fri Jun 25 1999 - 23:08:57 GMT