- In your own words, please explain what â€œcapture theoryâ€ is?
- Please illustrate â€œcapture theoryâ€ with two examples: (i) one of the examples should be from the Canvas readings, and (ii) the other example should be hypothetical (in other words, you’ve made up the example to illustrate the theory) or from the news. Examples (real or hypothetical) involving the FAA, the SEC and/or the FDA are fine (If you are having difficulty finding an example to illustrate capture theory, see an Oct 2019 news article reporting lapses in the FAA’s regulation of airplane design safety at “Before Deadly Crash, Boeing Pushed for Law that Undercut Oversight,” New York Times, Oct 27, 2019 (Links to an external site.) (pdf copy available here: )).
- Please (i) identify the SEC litigation action that you read about by litigation release number (for example, LR-23107), by date and by party; and (ii) in a few sentences, summarize the facts that the SEC is alleging and the action the SEC is taking.
- Assuming that the facts the SEC alleges are correct in the SEC litigation action you read, do you agree with the SECâ€™s decision to take action against the defendants identified in the release? Was it the right decision? Why or why not?
- Is the SEC litigation action that you discussed in Questions 3 & 4 consistent with a “capture theory” view of the SEC? Why or why not?
- Please list at least three (3) things that the FDA regulates, and three (3) things that the FDA inspects. Do you think that the FDA might be vulnerable to “capture” in its regulation and inspection?
- In a few sentences, respond to the question whether you think the American public “needs” the FDA and/or the SEC? Why or why not? Make sure you consider capture theory in your response.
- Do you agree with Washington Post blogger Paul Waldman’s criticisms (Links to an external site.)of President Trump’s regulatory appointees? If not, how is Waldman wrong? If so, what (if anything) should be done about it? [If you have difficulty accessing the linked Washington Post article by Paul Waldman, a Word copy of this article is available here: ; an Adobe Acrobat copy is available here:
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