Achieving Regulatory Excellence
Cary Coglianese
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them.
Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance.
Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger.
Regulatory Breakdown
The Crisis of Confidence in U.S. Regulation
Cary Coglianese
Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation brings fresh insight and analytic rigor to what has become one of the most contested domains of American domestic politics. Critics from the left blame lax regulation for the housing meltdown and financial crisis—not to mention major public health disasters ranging from the Gulf Coast oil spill to the Upper Big Branch Mine explosion. At the same time, critics on the right disparage an excessively strict and costly regulatory system for hampering economic recovery. With such polarized accounts of regulation and its performance, the nation needs now more than ever the kind of dispassionate, rigorous scholarship found in this book.
With chapters written by some of the nation's foremost economists, political scientists, and legal scholars, Regulatory Breakdown brings clarity to the heated debate over regulation by dissecting the disparate causes of the current crisis as well as analyzing promising solutions to what ails the U.S. regulatory system. This volume shows policymakers, researchers, and the public why they need to question conventional wisdom about regulation—whether from the left or the right—and demonstrates the value of undertaking systematic analysis before adopting policy reforms in the wake of disaster.
Does Regulation Kill Jobs?
Cary Coglianese
As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neither a prime job killer nor a key job creator. The challenge for policymakers is to look carefully at individual regulatory proposals to discern any job shifting they may cause and then to make regulatory decisions sensitive to anticipated employment effects. Drawing on insightful analysis, contributors recommend methods for obtaining better estimates of job impacts when evaluating regulatory costs and benefits. They also assess possible ways of reforming regulatory institutions and processes to take better account of employment effects in policy decision-making.
Does Regulation Kills Jobs? tackles what has become a heated partisan issue with exactly the kind of careful analysis policymakers need in order to make better policy decisions, providing insights that will benefit both politicians and citizens who seek economic growth as well as the protection of public health and safety, financial security, environmental sustainability, and other civic goals.
Import Safety
Regulatory Governance in the Global Economy
Cary Coglianese
On World Food Day in October 2008, former president Bill Clinton finally accepted decade-old criticism directed at his administration's pursuit of free-trade deals with little regard for food safety, child labor, or workers' rights. "We all blew it, including me when I was president. We blew it. We were wrong to believe that food was like some other product in international trade." Clinton's public admission came at a time when consumers in the United States were hearing unsettling stories about contaminated food, toys, and medical products from China, and the first real calls were being made for more regulation of imported products. Import Safety comes at a moment when public interest is engaged with the subject and the government is receptive to the idea of consumer protections that were not instituted when many of the Clinton era's free-trade pacts were drafted.
Written by leading scholars and analysts, the chapters in Import Safety provide background and policy guidance on improving consumer safety in imported food, pharmaceuticals, medical devices, and toys and other products aimed at children. Together, they consider whether policymakers should approach import safety issues through better funding of traditional interventions—such as regulatory oversight and product liability—or whether this problem poses a different kind of governance challenge, requiring wholly new methods.
Regulation and Regulatory Processes
The International Library of Essays in Law and Society
Cary Coglianese
As the ever-proliferating rules and enforcement agents of the regulatory state have become increasingly central to contemporary legal systems, they have drawn the close attention of sociolegal scholars who seek to illuminate how regulation actually functions.
This volume includes some of the most insightful empirical studies of regulation, both in the United States and in other advanced democratic economies. The articles address the politics of regulatory policymaking and the design of regulatory agencies; patterns of implementation and enforcement; and business responses to regulatory goals and requirements.
Leveraging The Private Sector
Management-Based Strategies for Improving Environmental Performance
Cary Coglianese
Leveraging the Private Sector offers the first sustained analysis of public and private sector initiatives designed to encourage firms and industries to use their own management expertise to improve their environmental performance. Cary Coglianese and Jennifer Nash bring together original empirical studies by the nation's leading experts on recent public and private sector experiments. Do management-based strategies lead to improved environmental outcomes? What kinds of strategies hold the most promise?
Leveraging the Private Sector addresses these questions through studies of state pollution prevention planning laws, private sector purchasing requirements, and federal risk management regulations, among others. The contributors show that efforts to leverage private sector experience and knowledge can have a distinctive contribution in the future of environmental protection. Ultimately, a firm's broader management practices shape its environmental performance. Public and private sector strategies that seek to influence these practices directly can help bring about further environmental improvements. This book breaks new ground by investigating a new and promising approach for advancing the economy and the environment.
Regulating From the Inside
Can Environmental Management Systems Achieve Policy Goals?
Cary Coglianese
Environmental Management Systems (EMSs) offer an approach to regulatory policy that lies somewhere between free-market and traditional command-and-control methods. Worldwide, hundreds of thousands of private firms have adopted or are considering adopting these internally managed systems for improving environmental performance. In the United States, the Environmental Protection Agency has established a special recognition for firms that adopt EMSs. Already, numerous state agencies have proposed or adopted 'green-tier systems' that allow firms with EMSs to be exempted from otherwise applicable requirements. Yet while private- and public-sector interest in EMSs is booming, limited empirical evidence is available about the efficacy of EMSs.
To close the gap between advocacy and analysis, Regulating from the Inside brings together cutting-edge work of leading scholars, providing the most comprehensive analysis to date of environmental management systems. Intended to frame the future policy and the research agenda about EMSs, the discussions are organized around two critical questions: How have EMSs worked in firms that have already adopted them? What potential and limitations do they have as policy tools in the future? Addressing the arguments of both advocates and skeptics, the chapters examine why firms adopt EMSs; how firms implement EMSs; how EMSs answer concerns about fairness, corporate social responsibility, and sustainability; and what kind of impact EMSs may have on the global economy.
