Tuesday, November 29, 2011

Judge overturns SEC ruling

2301's should take note of this story. We're covering interest groups and the related concept of agency capture. Sectors of the economy are often accused of "capturing" the regulatory agencies that oversee them by working to have people affiliated with that sector placed at the head of those agencies. The assumption is that once in power, those people will use the power of the regulatory agencies to promote the interests of the economic sector, not the general public.

The Securities and Exchange Commission is commonly accused of doing the biding of the financial sector. This story not only explains how - punishing financial companies with fines while allowing them to not admit to doing anything wrong - but how an independent judiciary can limit this practice.

Consider this to also illustrate the checks and balances and the importance of independent judiciaries. Would an elected judiciary also be able to do this?