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Editor: Kevin Cole
Univ. of San Diego School of Law

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Sunday, June 23, 2013

Zaring on the Revolving Door

David T. Zaring (University of Pennsylvania - Legal Studies Department) has posted Against Being Against the Revolving Door (University of Illinois Law Review, Vol. 2013, No. 2, 2013) on SSRN. Here is the abstract:

The revolving door between jobs in the public and private sector supposedly incentivizes government regulators to regulate on behalf of the industry interests for whom they will eventually work. It is a critical building block of the critique of government solutions to modern problems, and has, in the last two years, been the subject of one of the Obama administration’s first executive orders, made an appearance in financial regulatory reform legislation, and been blamed for the government’s failure to prevent the Gulf oil spill.

But the revolving door’s explanatory power is remarkably overstated, especially when the subject is law enforcement.

Most government officials have plenty of reasons to do a good job, and sometimes a successful stint in the public sector enhances private sector earning potential, to say nothing of more immediate civil service prospects. The revolving door may also foster citizen participation in government. A study of the careers of a tranche of elite Manhattan prosecutors does not reveal any evidence of those who leave doing the bidding of those they regulate while in public service.

Moreover, as a legal matter, eliminating the revolving door would raise serious legal and even constitutional questions. The revolving door has become an overused shorthand for – at its worst – a toxic cynicism about government. It is time to deeply qualify the critique.

http://lawprofessors.typepad.com/crimprof_blog/2013/06/zaring-on-the-revolving-door.html

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