Disclosure regulation relies on informed donors and press scrutiny for deterrence.

Evidence

Five states have adopted disclosure-type statutes. 3 2 The theory underlying these ats is that the information disclosed will allow donors an adequate opportunity to give intelligently and at the sare time have a deterrent effect on organizations soliciting; a vigilant press i apparently counted on to focus publicity on the more glaring cases of inefficiency. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1346

Categorization

  • XREF: Connects to ‘The Securities Act of 1933 regulates securities by mandated disclosure rather than by prohibition’ and ‘Private self-regulation via information exchange’ from earlier chapters. — connects to: Private self-regulation via information exchange preceded state charitable solicitation law — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1310; A deterrent threat requires public awareness to be credible — Albert Bandura, Moral Disengagement: How People Do Harm…, 1948; A legendary reputation can shield corruption from press scrutiny. — Robert A. Caro, The Power Broker: Robert Moses and the…, 4036 (+4 more)
  • ADDENDUM: Relates to the Grafting essay’s general thread of regulatory technique metaphors — information-based control as a distinct institutional design.
  • recurring: this claim recurs 2 times within its source

Broader Connections