Table of Contents

Capturing Regulatory Reality: Stigler's The Theory of Economic Regulation

Christopher Carrigan, George Washington University - Trachtenberg School of Public Policy and Public Administration
Cary Coglianese, University of Pennsylvania Law School

Bush Encroachment Mapping for Africa: Multi-Scale Analysis with Remote Sensing and GIS

Valerie Graw, University of Bonn - Center for Development Research (ZEF)
Carsten Oldenburg, University of Bonn - Center for Development Research (ZEF)
Olena Dubovyk, University of Bonn - Center for Development Research (ZEF)

Re-Imagining Indigenous Peoples’ Role in Natural Resource Development Decision-Making: Implementing Free, Prior and Informed Consent in Canada Through Indigenous Legal Traditions

Grace Nosek, Independent

Evaluating Instream Flow Programs: Innovative Approaches and Persistent Challenges in the Western United States

Adell L. Amos, University of Oregon, School of Law
Christopher R. Swensen, University of Oregon - School of Law


ENVIRONMENTAL LAW & POLICY eJOURNAL

"Capturing Regulatory Reality: Stigler's The Theory of Economic Regulation" Free Download
U of Penn, Inst for Law & Econ Research Paper No. 16-15

CHRISTOPHER CARRIGAN, George Washington University - Trachtenberg School of Public Policy and Public Administration
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CARY COGLIANESE, University of Pennsylvania Law School
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This paper offers a retrospective assessment of economist George Stigler’s classic article, The Theory of Economic Regulation. Stigler argued that regulation is a product that, just like any other product, is produced in a market, and that it can be acquired from the governmental “marketplace? by business firms to serve their private interests and create barriers to entry for potential competitors. He challenged the idea that regulation arises solely to serve the public interest and demonstrated that important political advantages held by businesses can contribute to industry capture of the regulatory process. Although his argument was largely based on the theoretical framework he developed, Stigler also illustrated his insights with empirical evidence from state-level regulatory schemes, including trucking regulation and occupational licensing. In this paper, we re-examine Stigler’s argument and analysis more than forty years later. Despite the great value of Stigler’s work in illuminating the problem of regulatory capture, his influential article nevertheless did exaggerate the power of business over regulators, as he suggested the existence of nearly an iron law of business control that clearly does not exist. He also confusingly conflated elected legislators with more independent agency bureaucrats, failed to rule out the public interest theory of regulation, and relied in part on unrealistic assumptions about the political economy of regulation. Notwithstanding these shortcomings, Stigler’s ground-breaking theory holds enduring value to both scholars and policymakers, and his innovative use of economic principles and empirical analysis provides a much-needed template for the further study of regulation and regulatory institutions even today.

"Bush Encroachment Mapping for Africa: Multi-Scale Analysis with Remote Sensing and GIS" Free Download
ZEF - Center for Development Research University of Bonn, Discussion Paper No. 218

VALERIE GRAW, University of Bonn - Center for Development Research (ZEF)
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CARSTEN OLDENBURG, University of Bonn - Center for Development Research (ZEF)
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OLENA DUBOVYK, University of Bonn - Center for Development Research (ZEF)
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Bush Encroachment (BE) describes a global problem severely affecting savanna ecosystems in Africa. Invasive species and woody vegetation spread out in areas where they are not naturally occurring and suppress endemic vegetation, mainly grasses. Livestock is directly affected by decreasing grasslands and inedible invasive species which are a result of the process of BE. For many small scale farmers in developing countries livestock represents a type of insurance particular in times of crop failure and droughts. Among that, BE is also becoming an increasing problem for crop production. Studies on the mapping of BE have so far only focused on smaller regions using high-resolution data and aerial photography. But they rarely provide information that goes beyond the local or national level. In our project, we aimed at a continental-wide assessment of BE. For this, we developed a process chain using a multi-scale approach to detect woody vegetation for the African continent. The resulted map was calibrated with field data provided by field surveys and experts in Southern and Eastern Africa. Supervised classification linked field data of woody vegetation, known as BE, to the respective pixel of multi-scale remote sensing data. The regression technique was based on random forests, a machine learning classification and regression approach programmed in R. Hotpots of woody vegetation were further overlaid with significant increasing Normalized Difference Vegetation Index (NDVI) trends which can refer to BE. Secondly, the probability of BE occurrence based on possible identified causes such as fire occurrence, mean annual precipitation rates, soil moisture, cattle density and CO2 emissions was analyzed. By this, possible areas for BE occurrence based on their preconditions and risk factors were identified.

This approach includes multiple datasets derived from earth observation data to detect BE – a severe and ongoing global problem – at the continental level. Within the study's duration of seven months, a method to upscale field data to a larger level could be developed. Nevertheless, improvement is needed to provide a reliable continental map on BE. Especially the integration of more field data will be needed which is currently under consideration. The identification of woody vegetation and the probability of its occurrence can help to prevent further ecosystem degradation. Moreover, sustainable land management strategies in these areas can be focused to support pastoralists and their livelihoods in rural areas.

"Re-Imagining Indigenous Peoples’ Role in Natural Resource Development Decision-Making: Implementing Free, Prior and Informed Consent in Canada Through Indigenous Legal Traditions" Free Download
University of British Columbia Law Review, Forthcoming

GRACE NOSEK, Independent
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Indigenous communities, non-governmental organizations, and industry stakeholders across Canada are calling for a new form of government review of major natural resource development projects, one where governments must obtain the Free, Prior and Informed Consent of Indigenous peoples before approving any projects affecting their traditional territories. At the same time, Indigenous, academic, legal, and professional communities are leading a resurgence of Indigenous legal traditions. Together, the two movements offer a powerful opportunity for reconciliation. This opportunity is potentially bolstered by the 2014 Supreme Court decision in Tsilhqot’in Nation v. British Columbia, which emphasized the importance of securing consent from Indigenous communities in specific circumstances.

The status quo of government review of natural resource projects has evoked serious and sustained criticism from Indigenous peoples who submit that their perspectives, their rights, and their concerns are not adequately addressed or protected by the current process. Using the Enbridge Northern Gateway Project as a case study of the pitfalls of the status quo of government review, I explain why the federal government should implement a Free, Prior and Informed Consent regime in Canada. I draw on human rights, environmental justice, and economic arguments to support the case for implementation. For such a Free, Prior and Informed Consent regime to be most effective it must incorporate Indigenous legal traditions, empowering every Indigenous community to engage with its own legal traditions and define for itself the meaning of Free, Prior and Informed Consent. The tools, scholarship, and practical lessons emerging from the renaissance of Indigenous law can facilitate this implementation.

"Evaluating Instream Flow Programs: Innovative Approaches and Persistent Challenges in the Western United States" 
61 Rocky Mt. Min. L. Inst. 22-1 (peer reviewed) (2015)

ADELL L. AMOS, University of Oregon, School of Law
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CHRISTOPHER R. SWENSEN, University of Oregon - School of Law

This chapter will provide a brief overview of several approaches taken to recognize instream flow rights and integrate those rights within the overall water rights allocation system adopted by states in the western United States.

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ENVIRONMENTAL & NATURAL RESOURCES LAW EJOURNALS

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