Working Papers

These papers were written for our February 2008 conference, Toward A New Theory of Regulation.

Regulatory Purpose

Confidence Games: How Does Regulation Constitute Markets?
Daniel Carpenter, Allie S. Freed Professor of Government, Harvard University

Lessons from Europe: Some Reflections on the European Union and the Regulation of Business
Neil Fligstein, Class of 1939 Chancellor's Professor of Sociology, University of California, Berkeley

From “State Interference” to the “Return to the Market”: The Rhetoric of Economic Regulation from the Old Gilded Age to the New
Mary Furner, Professor of History, University of California, Santa Barbara

Effective Regulation through Credible Cost-Benefit Analysis: The Opportunity Costs of Superfund
Michael Greenstone, 3M Professor of Environmental Economics, Massachusetts Institute of Technology

Regulatory Theory

Law, Policy, and Cooperation
Yochai Benkler, Jack N. and Lillian R. Berkman Professor for Entrepreneurial Legal Studies, Harvard University

Public Choice: A Critical Reassessment
Jessica Leight, Graduate Student in Economics, Massachusetts Institute of Technology

The Paranoid Style in the Study of American Politics
David Moss, John G. McLean Professor of Business Administration, Harvard University; and Mary Oey

The End of Special Interests Theory and the Beginning of a More Positive View of Democratic Politics
Donald Wittman, Professor of Economics, University of California, Santa Cruz

Regulatory Practice - Mortgages, Markets, and Implications
for Scholarship

Origins and Regulatory Consequences of the Subprime Crisis
Barry Eichengreen, George C. Pardee and Helen N. Pardee Professor of Economics and Political Science, University of California, Berkeley

Redesigning Regulation: A Case Study from the Consumer Credit Market
Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard University

Regulatory Strategy

Prospects for Economic “Self-Regulation” in the United States: An Historian’s View from the Early Twenty-First Century
Edward Balleisen, Associate Professor of History, Duke University

Markets in the Shadow of the State: An Appraisal of Deregulation and Implications for Future Research
Marc Eisner, Professor of Government, Wesleyan University

Deregulation Theories in A Litigious Society since the 1970s: Antitrust and Tort
Tony Freyer, University Research Professor of History and Law, University of Alabama

What Opportunity is Knocking? Regulating Corporate Governance in the United States
Mary O’Sullivan, Associate Professor of Management, University of Pennsylvania

Taxes as a Regulatory Tool: Lessons from Environmental Taxes in Europe
Monica Prasad, Assistant Professor of Sociology, Northwestern University