Ganesh Sitaraman (Vanderbilt Law School) has posted Reforming Regulation: Policies to Counteract Capture and Improve the Regulatory Process (Center for American Progress, 2016) on SSRN. Here is the abstract:
The U.S. regulatory system has room for improvement. In particular, there are two areas that deserve greater attention. First, despite its many procedural protections, the regulatory process is in practice skewed in favor of industry interests. Second, regulators are often delayed in meeting their statutory obligations. Improving the regulatory process will require strategies to reduce delays and inaction and to counteract what is termed regulatory capture—when regulation is skewed toward regulated industry to the detriment of the public interest.