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The Information Economy produces a host of new injuries to personal privacy. These include damage from data mining, data spills, identity theft, the tracking of online activity, and spam. Policymakers are currently searching for a framework with which to think about the governance of these...
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Regulatory theorists have engaged in an interesting debate over the merits of “collaborative governance.” The term refers to those governance approaches in which regulators, industry and other stakeholders work together on drafting and enforcing rules. Proponents of collaborative governance...
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Current scholarship suggests that instead of fueling deregulation and a race to the bottom, globalization and neoliberalism often go hand in hand with the expansion of regulatory rules and agents. We survey efforts to address this paradox. Building on analyses of nineteenth- and...
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Existing financial market architectures combine astonishing complexity with tight coupling, making them prone to systemic crises or “normal accidents” and placing extraordinary demands on regulation. In light of this, we consider two routes for regulatory reform. A “high modernist”...
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