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This article examines the role of patients and caregivers as 'regulatory actors' in healthcare. It uses and extends 'regulatory space theory' to argue that failing to consider the role of patients and caregivers as 'regulatory actors' in healthcare regulatory spaces misses a key piece of the regulatory puzzle. We argue that in assisted dying and other healthcare contexts, evidence shows that some patients and caregivers do behave as regulatory actors, engaging in sustained and focused attempts to alter behaviour. We then suggest a framework which explicitly incorporates notions of why patients and caregivers act in regulatory ways is helpful in understanding what the appropriate response to such actions should be. While the contribution of patients and caregivers to regulation is valuable and should be supported where desired by the person, if patients and caregivers are acting out of necessity to address system issues or 'regulatory failure', other regulatory actors (e.g. governments) should proactively respond and address these issues to reduce the burden on patients and caregivers of having to take regulatory action. [ABSTRACT FROM AUTHOR]

Following the traditional doctrine of the "regulatory state", regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio‐economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory‐driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence. [ABSTRACT FROM AUTHOR]

Why do policy experimentation regimes breakdown? And, if there are recognizable patterns of experimental failure, what might explain the variation? Focusing on aviation, finance and food safety, this article considers why a policy style that has been credited with China's successes in the past is failing to address governance challenges in these sectors at present. The article moves beyond discussions of policy mis-implementation by reframing experimental failure as a case of policy maladaptation under conditions of complexity and ambiguity. Maladaptation describes how approaches used in previous periods to foster adaptation can inadvertently make a system less resilient in the future. The analysis shows how the degree of consolidation of previously successful experimental regimes lends itself to certain types of maladaptation in the present: consolidated regimes are unable to generate policy alternatives (aviation), moderately consolidated regimes are maladapted for selection (finance), and unconsolidated regimes impede niche creation (food safety). [ABSTRACT FROM AUTHOR]

Countless environmental, social, and economic issues can stem from poor mine closure and post-mining land use planning practices. Such post-extractive landscapes have a disproportionate effect on local Indigenous communities that continue to live in these often remote areas on their traditional lands, with such peoples only recently being able to document and bring their values and stories to closure, rehabilitation, and post-mining land use policy. A strong regulatory environment is the often suggested response to such concerns, and this chapter examines the regulation of mine rehabilitation and closure (MR&C) practices in the developed resource states of Canada and Australia. Analysis of current regulation and policy along with examples from MR&C practice demonstrate that the regulatory state is failing to ensure social, economic, cultural, and environmentally safe landscapes for local Indigenous people on whose lands these mines were situated. This research highlights recent reform in both jurisdictions, primarily designed to limit state liability for abandoned mines, and the impact of that reform upon the influence and inclusion of Indigenous peoples’ interests and rights in MR&C. The chapter highlights the common structural, institutional, political and resource challenges that Indigenous peoples across Australia and Canada face in ensuring that their lands and country are effectively and safely rehabilitated, and argues that having a comprehensive regulatory environment is not enough. Greater Indigenous engagement, management, control and ownership of MR&C processes is required if we are to see better outcomes for local people in post-extractive landscapes.

Purpose – The paper examines the main regulatory frameworks of the telecommunications industry through the concept of market failure and analyses how and why the policy often leads to undesirable outcomes that might be considered as regulatory failure. Methodology/approach/design – The research uses the EU regulatory framework for electronic communications as a base for the analysis of the main policy objectives through the prism of the market failure theory with an eye to the interests of the main market players in the telecommunications markets. Findings – About any aspect of regulation allows to find ways to create opportunities for some groups of the industry and stifle activity of others. Despite the theory of market failure provides reasonable justifications for regulation of telecommunications markets, it is possible to argue that many of these problems are mainly the consequence of the policy and could be better solved by market mechanisms. Originality/value – The results of the research allow to look at the problems of telecommunications development and issues of the high level of concentration of the telecommunications markets as regulatory formed problems rather than consequences of the inherited industry’s characteristics.

The article examines the regulatory burdens of the higher education sphere of Russia. The term «Red Tape» in modern economic literature is associated with presence of excessive regulatory requirements that cause waste of time and financial resources and do not provide benefits to society. Red Tapes mean excessive, meaningless paperwork, high degree of formalization and limitations, unnecessary procedures and numerous inefficient regulatory elements. The permanent reformation of the Russian education sector incorporates a broad range of regulatory requirements that lead to ambiguous results in the regulated sphere. The article analyzes possible purposes of the regulator and outcomes of these government interventions. The analysis shows that the attempts of achieving quantitative indicators have a negative impact on the regulated sphere of science and education. The aim of the article is to expose the negative outcomes of the bureaucratic mechanism, namely Red Tapes in the normative documents for possible regulatory intervention and modification.

The capital market in Bulgaria is not a working one and is not useful for the national economy. Despite the regulatory framework that meets the highest global standards, companies are unable to gather new capital and investors do not have access to quality Bulgarian financial assets. Securitization is presented only through the isolated segment of real estate investment trusts. The banking market is wide but concentrated in ownership and far from modern banking, and full integration with the European financial market remains unclear. These weaknesses are result of ineffective government intervention, constitute a regulatory failure and have consequences - a capital market that fails to generate adequate investment opportunities for Bulgarian capital and to finance high value-added projects, bank concentration with all the negatives on depositors, borrowers and investors, unfulfilled financial integration with effects on the entire national financial system and ultimately, the colossal loss of national income. [ABSTRACT FROM AUTHOR]

Governments regulate risky industrial systems such as nuclear power plants in hopes of making them less risky, and a variety of formal and informal warning systems can help society avoid catastrophe. Governments, businesses, and citizens respond when disaster occurs. But recent history is rife with major disasters accompanied by failed regulation, ignored warnings, inept disaster response, and commonplace human error. Furthermore, despite the best attempts to forestall them, “normal” accidents will inevitably occur in the complex, tightly coupled systems of modern society, resulting in the kind of unpredictable, cascading disaster seen at the Fukushima Daiichi Nuclear Power Station. Government and business can always do more to prevent serious accidents through regulation, design, training, and mindfulness. Even so, some complex systems with catastrophic potential are just too dangerous to exist, because they cannot be made safe, regardless of human effort. [ABSTRACT FROM PUBLISHER]

Purpose – The paper examines the main regulatory frameworks of the telecommunications industry through the concept of market failure and analyses how and why the policy often leads to undesirable outcomes that might be considered as regulatory failure. Methodology/approach/design – The research uses the EU regulatory framework for electronic communications as a base for the analysis of the main policy objectives through the prism of the market failure theory with an eye to the interests of the main market players in the telecommunications markets. Findings – About any aspect of regulation allows to find ways to create opportunities for some groups of the industry and stifle activity of others. Despite the theory of market failure provides reasonable justifications for regulation of telecommunications markets, it is possible to argue that many of these problems are mainly the consequence of the policy and could be better solved by market mechanisms. Originality/value – The results of the research allow to look at the problems of telecommunications development and issues of the high level of concentration of the telecommunications markets as regulatory formed problems rather than consequences of the inherited industry’s characteristics.

Scientific evidence overwhelmingly shows that the categorization of Plan B and other emergency contraceptives as "abortifacient," or abortion-inducing, is incorrect. The FDA, federal courts, and the executive branch compound and entrench this misunderstanding by relying on it as a foundation for contraceptive law and policy. This Note traces the development and consequences of this collective error and proposes solutions. It then considers the role of emergency contraception in two worrying legal developments. First, the mistaken categorization of emergency contraception blurs the distinction between contraception and abortion, shifting contraception into the morally contested space that abortion occupies. Second, it breaks new constitutional ground by stretching the deference usually reserved for litigants' moral claims to factual assertions. [ABSTRACT FROM AUTHOR]

Highlights • Unique comparative case study design examining regulatory effect on OHS in TAW. • Tests PDR model on workplace level practices within contrasting regulatory contexts. • Discusses implications for occupational health and safety regulation and practice. Abstract This comparative case study investigates how regulatory frameworks of temporary agency work shape occupational health and safety at workplace level. Research is framed by Pressures-Disorganization-Regulatory Failure (PDR) model explaining workplace level occupational health and safety outcomes through economical, work organizational and regulatory factors. Two cases of using temporary agency work in manufacturing are compared within one multinational company in two contrasting EU regulatory regimes: Sweden and Poland. Workplace level practices relating to occupational health and safety of temporary agency work are explored through empirical evidence from interviews, documents and on-site observations. Results illustrate how workplace level practices that impact health and safety are overwhelmingly shaped by economic pressures and suggests a hierarchical relationship between the factors of PDR model, with economic pressures and work disorganization moderating the effect of regulatory failure. [ABSTRACT FROM AUTHOR]

The article discusses the regulatory and governance failures in the Australian pension industry for retail sector employees. Topics include the corrupt practices of retail fund trustees, the conflicts of interest in superannuation system, and the report by the non-profit organisation Australian Institute of Superannuation Trustees. According to the author there is a need for strong legislative and regulatory reforms which aims to improve the efficiency of pension industry.

Basic principles of economics suggest that health insurers should seek to avoid covering sick individuals and attempt to minimize the amount they have to spend if, despite the insurer's best efforts, such individuals enroll in coverage. The drafters of the Affordable Care Act recognized this natural tendency of insurers and put in place multiple provisions aimed at avoiding such behavior. One such tool was the requirement that all health insurers in the individual and small group markets cover an identical, comprehensive set of benefits known as the Essential Health Benefits ("EHBs"). EHBs were designed to ensure that consumers are able to access comprehensive coverage, but also to prevent insurers from trying to avoid high-risk enrollees by designing plans that appeal only to the healthy. Congress did not, however, statutorily define the full package of benefits, instead delegating primary authority for that task to the Department of Health & Human Services ("HHS"). This article argues that HHS has implemented the EHB requirements in a manner that appears structurally incapable of achieving the goals of the statute. By utilizing a vague definition of benefits, allowing benefit substitutions, and failing to limit use of service-level selection tools, HHS has permitted insurers to compete for low-risk insureds, avoid paying for certain high-cost treatments, and prevented consumers from making fully informed purchasing decisions. [ABSTRACT FROM AUTHOR]

• Applied the Ten Pathways model of mining disaster causation to 51 mining incidents resulting in individual injuries, fatalities, and near miss incidents. • Provided detailed case examples illustrating interactions between pattern-failures. • Developed detailed criteria for identifying pattern-failures based on information contained in regulatory investgation reports. • Developed detailed criteria for identifying economic and reward pressures based on information contained in company annual and government economic reports. Considerable research has been undertaken to identify key causes of major incidents and disasters. Single fatalities and incidents resulting in serious injury have received less attention. These incidents, often referred to as occupational incidents, are investigated and prevented by identifying and managing risks related to proximate causes. The plateau in rates of fatalities and serious injuries suggests this approach is not working. To examine if recurrent failures identified in major incidents are also present in other serious incidents and if regulatory failure and economic pressures are contributing factors. The Ten pathways model was used to analyse 51 serious incidents investigated by the mining regulator in New South Wales (NSW), a major mining jurisdiction in Australia. The sample included incidents at 16 underground and nine surface coal mines, and four underground metalliferous mines. The primary data source was official regulatory investigation and prosecution summary reports published on the NSW mining regulator's website. To understand the socio-economic context, the study used other sources. The study confirmed the Ten pathways model identified the recurrent failure points for serious incidents. Seventy five percent of incidents exhibited at least five pattern-failures and 25% exhibited eight or more. The most common pattern-failures were engineering (98%); risk assessment failures (98%); and safety management system flaws such as inadequate statutory inspection, information transfer between shifts and levels, and an overreliance on personal safety routines to control risks (96%). Economic pressures and regulatory failure were identified in 71% and 55% of incidents respectively. When investigating incidents and designing injury prevention strategies regulators and mine operators should consider economic pressures arising from the broader socio-economic environment. [ABSTRACT FROM AUTHOR]

Regulatory failure occurs in diverse and complex circumstances, especially in environmental regulation. The response of policy-makers and regulators to regulatory failure often follows a predictable pattern, with the imposition of increased prescriptive regulatory approaches. This phenomenon has been described as regulatory pendulum swing. If the regulatory failure causes immediate and obvious harm to people or the environment such an approach may be appropriate. However, where the community loses trust in regulatory regimes where harm is less evident, a response of this nature may do little to restore trust. This research examined a case study of coal seam gas regulation in New South Wales, Australia, using a regulatory trust typology. The typology's dimensions of expertise, stewardship and transparency provided a useful framework to understand regulatory failure and regulatory trust, and for evaluating the responses of policy-makers and regulators to public concerns over coal seam gas development. [ABSTRACT FROM AUTHOR]

This article examines retail market regulatory reforms currently underway, as part of the implementation of a Twin Peaks regulatory model in South Africa. A brief account is provided of the history of these reforms, followed by an analysis of the normative goals put in place for a new market conduct and consumer protection regime; and the developmental needs that inform those goals. Thereafter the article explores the inter-relationship between the existing credit regulator and the soon to be established Financial Sector Conduct Authority. An analysis is then provided of accountability mechanisms, as well as failures exhibited by those mechanisms in the UK and Australia. Finally an argument is made for a “regulator for the regulators”, in order to address past regulatory failures. [ABSTRACT FROM AUTHOR]

Purpose - The paper examines the main regulatory frameworks of the telecommunications industry through the concept of market failure and analyses how and why the policy often leads to undesirable outcomes that might be considered as regulatory failure. Methodology/approach/design - The research uses the EU regulatory framework for electronic communications as a base for the analysis of the main policy objectives through the prism of the market failure theory with an eye to the interests of the main market players in the telecommunications markets. Findings - About any aspect of regulation allows to find ways to create opportunities for some groups of the industry and stifle activity of others. Despite the theory of market failure provides reasonable justifications for regulation of telecommunications markets, it is possible to argue that many of these problems are mainly the consequence of the policy and could be better solved by market mechanisms. Originality/value - The results of the research allow to look at the problems of telecommunications development and issues of the high level of concentration of the telecommunications markets as regulatory formed problems rather than consequences of the inherited industry's characteristics. [ABSTRACT FROM AUTHOR]

The left atrium plays an important role in the maintenance of cardiovascular and neurohumoral homeostasis in heart failure. However, with progressive left ventricular dysfunction, left atrial (LA) dilation and mechanical failure develop, which frequently culminate in atrial fibrillation. Moreover, LA mechanical failure is accompanied by LA endocrine failure [deficient atrial natriuretic peptide (ANP) processing-synthesis/development of ANP resistance) and LA regulatory failure (dominance of sympathetic nervous system excitatory mechanisms, excessive vasopressin release) contributing to neurohumoral overactivity, vasoconstriction, and volume overload (global LA failure). The purpose of the present review is to describe the characteristics and emphasize the clinical significance of global LA failure in patients with heart failure. [ABSTRACT FROM AUTHOR]

With the increase in stakeholders in the regulatory process, it has become more difficult for regulators to protect utility-customer interests. Requiring utilities to expand their role in serving society has caused regulators to consider other objectives other than setting just and reasonable rates and assuring reliable utility service. [ABSTRACT FROM AUTHOR]

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This paper addresses a current trend of New Environmental Governance (NEG). It examines whether NEG is able to overcome a series of complex regulatory barriers and market shortfalls that stand in the way of carbon emissions reductions in the building sector. Building on an evaluation of 20 NEG arrangements from Australia and the Netherlands, it discusses the limits of the effective implementation and use of NEG in this sector. The paper concludes by suggesting three strategies to improve the performance of NEG arrangements in the building sector. [ABSTRACT FROM AUTHOR]

The article discusses contexts and issues related to the Murray Financial System Inquiry in Australia. Topics discussed include effect of financial crisis in Australia by having an impact on the liberalized markets and regulation, global effect on the regulatory failure, adopting international standards such as managing the coverage requirements and focus of the inquiry on the efficiency of the superannuation administration.

The article explores the mechanisms that led to the current crisis of copyright law in the digital environment (understood as its inability to regulate social dynamics as regards the production, dissemination and access to creative works) by applying the concept of law as an autopoietic system. It analyses how the copyright regime (a subsystem of the legal system) evolved over time, by scrutinizing the interdependencies between copyright law and the other constitutive systems of its environment: the creative system (concerned with the creation, reproduction, distribution and access to creative works), the political system (comprising both the State and the Church), the economic system (ruled by right holders and intermediaries on the market for creative works) and the technological system. It will be shown that every new development in the technological system irritated the remaining systems, thereby stimulating the evolution of the overall ecosystem. For a long time, copyright law managed to properly adjust to the environmental changes brought by technological developments, so as to successfully regulate the production, dissemination and access to creative works. It is only with the advent of Internet and digital technologies that copyright law's selective response to environmental stimuli resulted in its failure to adapt to the new reality and, consequently, in the loss of its regulative power. Reacting mostly to the pressures of the economic and political systems (ie the lobbying of right holders and intermediaries), while neglecting the needs of the creative system, and even failing to adjust to the specificities of the changing technological system, copyright law eventually disrupted the balance of the surrounding environment. Furthering the economic interests of intermediaries (often at the expense of the public and in certain cases of the authors) created a series of divergences between legal norms--increasingly restricting the access, use and reuse of creative works--and social norms (produced within the creative system, and supported by the new opportunities of digital technologies), which advocate for the free use and reuse of digital works. Over the years, copyright law distanciated itself so much from the social reality in which it operates that it has lost most of its credibility and applicability in the digital world. Hence, the article contends that, for copyright law to successfully regulate the production, dissemination and access to cultural works, it must be radically reformed in light of the intrinsic logic and needs of all constitutive systems of modern society, without favouring those of the economic and political systems over those of the creative system. It concludes that society (as a whole) might only benefit from the new opportunities offered by digital technologies if copyright law properly adapts to the digital era by embracing--rather than opposing--the specificities of the digital world. [ABSTRACT FROM AUTHOR]