Political Rhetoric and the Media: The Year in C-SPAN Research, Volume 8

This volume of The Year in C-SPAN Archives Research features analyses of the C-SPAN Video Library, a digital collection of 275,000 hours of indexed videos, texts, and spoken words. Included in this volume are papers on Rev. Jesse Jackson’s presidential campaign, rhetorical analysis of agriculture policy, and an examination of Senator Edward Kennedy’s positions on health care. The text also contains analysis of the “spectacle of committee hearings” and a look at the visuals used in the second Trump impeachment trial

Enlightened Regulatory Capture

Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest: (1) legislatively mandated adoption of recommendations by an advisory committee comprising private interests and “reduced-bias” subject matter experts; (2) relaxed procedural constraints for committee action to prevent internal committee capture; and (3) opportunities for committee participation to be worthwhile for representatives of private parties beyond the mere opportunity to advance their own interests. This Article presents recommendations based on those characteristics as to how and when legislatures may endeavor to replicate this success in other industries to improve both the legitimacy and efficacy of the regulatory process

Enlightened Regulatory Capture

Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest: (1) legislatively mandated adoption of recommendations by an advisory committee comprising private interests and “reduced-bias” subject matter experts; (2) relaxed procedural constraints for committee action to prevent internal committee capture; and (3) opportunities for committee participation to be worthwhile for representatives of private parties beyond the mere opportunity to advance their own interests. This Article presents recommendations based on those characteristics as to how and when legislatures may endeavor to replicate this success in other industries to improve both the legitimacy and efficacy of the regulatory process

Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’

As broadband infrastructure investments in developing nations intensify and barriers to accessing the internet diminish, the more they increasingly become the quintessential destination for cybercrime. For their lax cyber laws and general cybercrime illiteracy, developing nations such as South Africa, Kenya, and India have become the destination of choice for cybercriminal enterprises. The focus of this dissertation is to comparatively analyse South Africa’s ICT regulatory framework against those of developing and developed nations and to determine its effectiveness in addressing the threat posed by cybercrime. This dissertation hopes to contribute towards establishing a greater understanding and appreciation of the scourge of cybercrime by studying the frameworks, structures, and arrangements, installed to safeguard against the threat of cybercrime in both developing nations, namely Kenya and India, and developed nations, namely the United States of America and the United Kingdom. Some of the key challenges identified in the dissertation, arising from the analysis of South Africa’s cyber laws and policy framework, point to legislation that is out of date and in desperate need of revision, a lack of definitional clarity for cybercrime related terminology, jurisdiction limitations to investigate international cybercrimes, no harmonisation with international laws, standards, and a poor record of implementing strategy and policies. The dissertation concludes that the battle against cybercrime cannot be won without first understanding what cybercrime is. Developing a common understanding of cybercrime and related terminology, and recommends the revision of the necessary ICT strategies, policies, and regulatory frameworks. Concluding international cooperation and mutual assistance agreements to assist with transnational cybercrime investigations and prosecutions is paramount. Establishing cross-sector, intra-ministerial, public-private, and multinational partnerships is also vital to managing the threat of cybecrime. Lastly, this dissertation recommends the development of dedicated cybersecurity and cybercrime mechanisms for the prosecution and safeguarding of the nation’s critical information infrastructure, the mission critical information of corporates and the personal information of citizens against cybercrime

Digital Finance in Europe: Law, Regulation, and Governance

This special volume collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law

Digital Finance in Europe: Law, Regulation, Governance : Volume 5 in the series European Company And Financial Law Review - Special Volume

Peer reviewe

Digital Finance in Europe: Law, Regulation, and Governance

This special volume collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law

Montana Kaimin, October 19, 2023

Student newspaper of the University of Montana, Missoula.https://scholarworks.umt.edu/studentnewspaper/11129/thumbnail.jp

JUST STRIKE: A COMMANDER'S GUIDE TO PREEMPTIVE SELF-DEFENSE

The imminence requirement for preemption can make all the moral difference in deciding to launch a lethal strike. Influenced by Michael Walzer’s just war criteria for preemption, I provide three necessary conditions to strike first in self-defense. A commander must justifiably believe three things: that an unjust aggressor is poised to attack, that her capacity to avert an attack is constrained by an imminent decision point or last window of opportunity, and that preemption is part of a moral-risk proportionate strategy. In any event, a commander must decide to preempt or not preempt under conditions of uncertainty. As such, I incorporate and supplement Seth Lazar’s rights-based expected utility approach to lethal action.http://archive.org/details/juststrikeacomma1094559688Outstanding ThesisMajor, United States Air ForceApproved for public release; distribution is unlimited