Nelson A. Rockefeller College of Public Affairs and Policy Department of Public Administration and Policy PAD 690 Regulatory Administration (#10315) Spring 2015 Professor Kevin M. Bronner Course Sessions Phone: 489-5252 Thur. (5:45-8:35) E-mail: Kbronner@nycap.rr.com Room: HS 217 Office Hours: Call for appointment. Course Objective: The course objective is to develop a series of sessions dedicated to studying principles and issues associated with various types of regulatory agencies and functions at the state and federal levels. The course presents regulatory concepts and it will focus on several areas such as regulatory theory, environmental regulation, internet regulation strategies, and energy regulation. The course will use critical thinking where the students are urged to carefully review concepts presented in the class. The class will also discuss a number of new regulatory issues that are developing in 2015. Additional readings may be required during the course at the instructor's discretion. The instructor reserves the right to modify the course topic schedule in keeping with the pace of the class. However, regardless of any changes made by the instructor in the schedule of topics, all reading and written assignments will be due on the dates indicated on this syllabus unless otherwise indicated in writing from the instructor. Grading: Paper #1 (45%), Paper #2 (45%), participation in class discussion (10%). Paper #1 requires the students to choose a regulatory agency or function and write a not to exceed 20-page paper (double-spaced) concerning the history, legislation, rulemaking, and current structure of the agency or function. Paper #2 is a not to exceed 20-page paper (double-spaced) concerning the major issues before the agency in 2015. Both papers must include concepts developed in the class readings where appropriate. Also critical thinking must be used in both papers. Both papers must be submitted in written form and presented to the class. Students will also be required to participate in weekly in class news updates about major regulatory items from sources such as The New York Times, The Wall Street Journal, local newspapers, business press journals, or other sources. These updates will be part of the class participation 1
grade for the course. If an Internet version of the course is offered, homework assignments will be used to develop the 10% grade for class participation. 2
Required Books: Dudley, Susan and Jerry Brito (2012) Regulation a Primer. Marcus Center at George Mason University. Balleisen, Edward J. and David A. Moss (2010). Government and Markets Toward a New Theory of Regulation. Cambridge University Press. Carpenter, Daniel and David A. Moss editors. Preventing Regulatory Capture Special Interest Influence and How to Limit It (2014). Cambridge University Press. Additional materials are included on Blackboard. COURSE SESSIONS: #1 Thur. Jan 22: Introductions, Syllabus, News Items and Research Paper Discussion. Robert B. Ward: Appointed Officials, Administrative Law and the Bureaucracy in New York State Government, 2 nd edition, pp. 192-225. #2 Thur. Jan. 29: -Basic concepts in regulation and some historical readings: W. Kip Viscusi et al. Economics of Regulation and Antitrust Fourth Edition. Chapter 2 The Making of a Regulation. George J. Stigler, The Theory of Economic Regulation, The Bell Journal of Economics and Management Science (1971). Marver Bernstein: The Life Cycle of Regulatory Commissions from Regulating Business by Independent Commission (1955). Sam Pelzman: Toward a More General Theory of Regulation. Journal of Law and Economics, Vol. 10, No 2, August 1976. Richard A. Posner: Taxation by Regulation in the Bell Journal of Economics and Management Science, Spring 1971. #3 Thur. Feb. 5: Background on Regulatory Agencies. Dudley and Brito Chapters 1 to 9 and the Appendix. #4 Thur. Feb 12: Carpenter and Moss Introduction and Chapters 1-3. 3
#5 Thur. Feb. 19: Balleisen and Moss Introduction and Chapters 1-5. 4
#6 Thur. Feb. 26: Economic regulation, natural monopolies, and regulation of electric power. Douglas Anderson: State Regulation of Electric Utilities in The Politics of Regulation by James Q. Wilson, Editor (1980). Energy Regulation in New York State including the New York State Department of Public Service Case 14-M-0094 Proceeding on Motion of the Commission to Consider a Clean Energy Fund. #7 Thur. Mar. 5: Paper #1 due. In class presentations. #8 Thur. Mar. 12: Deregulation and Capture Theory. Balleisen and Moss Chapters 10, 14-16. NO CLASS MARCH 19. #9 Thur. Mar. 26: Internet regulation. A case study on year 2015 federal attempts to regulate the internet through net neutrality issues. R. H. Coase: The Federal Communications Commission in Journal of Law and Economics, October 1959. Carpenter and Moss Chapter 8. Robert L. Hillard (1991). The Federal Communications Commission A Primer. Chapter 4 - History of the FCC. #10 Thur. Apr. 2: Developing issues in federal health care regulation. Carpenter and Moss Chapter 7 and 12. #11 Thur. Apr. 9: Environmental regulation in New York State. Gary Weiskopf and David Markell: Environmental Policy in New York in Governing New York State by Jeffrey M. Stonecash, Editor. Downloads from New York State Department of Environmental Conservation (dec.state.ny.us) including SEQR Handbook: Introduction, and 6 NYCRR Part 617 State Environmental Quality Review regulations. Environmental Impact Statement from the NYSPSC Clean Energy Fund Case. New York State Department of Health Fracking Decision from December 2014. R.H. Coase: The Problem of Social Cost in the Journal of Law and Economics, October 1960. Carpenter and Moss Chapters 9-10. Balleisen and Moss Chapters 11. #12 Thur. Apr. 16: Federal environmental regulation cap and trade issues. 5
Richard Wilson (2014). The EPA and Risk Analysis, Regulation, Spring 2014. 6
#13 Thur. Apr. 23: Status of the New York State and federal government consumer protection bureaus for financial transactions. New York State Department of Financial Services. United States Consumer Financial Protection Bureau. Carpenter and Moss Chapter 4. Balleisen and Moss Chapters 12,13. #14 Thur. Apr. 30: Paper #2 due. In class presentation of the papers. 7