Imagining how U.S. federalism would affect third-party funding regulation
Bibliographic record
Abstract
Abstract Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. In Canada, the federal government has not regulated funding at all. In Australia, after a period of state- and province-based experimentation, the highest court took the lead on legalization and instructed the Australian Securities and Investments Commission (ASIC) to license funders at the federal level and promulgate guidelines regarding avoiding conflicts of interest. The U.S. federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, the U.S. Federal Civil Rules Advisory Committee has considered changing the Federal Rules to address third-party funding and recently formed a committee to consider the question further. The U.S. federal government is taking these steps against a patchwork quilt of regulations in various U.S. states regarding third-party funding along a broad spectrum with many conflicting regulations. This Article explores how federalism affects third-party funding in the U.S. Specifically, it explores the likely effects of third-party funding regulation at the federal level, state level, or both, including examining significant benefits and concerns. Moreover, it predicts whether the U.S. federal government will regulate third-party funding and, if so, how. Finally, this Article does not present a normative argument but rather is a thought experiment that presents various benefits and drawbacks that the U.S. federal government should consider when deciding whether to regulate TPF directly.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.015 | 0.039 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.005 | 0.006 |
| Scholarly communication | 0.006 | 0.004 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.007 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".