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What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

All Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to repeal …

Masalah Regulasi Dan Pengawasan Dalam Praktik Korupsi Haji Tahun 2010-2013, Bayu Firdaus

Jurnal Politik

The problem of corruption has occurred in many government institutions. Corruption is not only occurred in legislative institutions such as DPR, DPD, or DPRD, but also in executive institutions, such as ministries. Corruption in the Ministry of Religious Affairs is chosen to be explored in this paper because of its supposedly commitment and tightly intricate with moral and religious values to oppose any practices of corruption. This paper argues that the practice of corruption in pilgrim seasons of 2010-2013 occurred due to opportunity made available by problematic regulation and abused of supervision by members of DPR. Previous research found that …

Consumer's Guide To Regulatory Impact Analysis: Ten Tips For Being An Informed Policymaker, Susan Dudley, Richard Belzer, Glenn C. Blomquist, Timothy Brennan, Christopher Carrigan, Joseph Cordes, Louis A. Cox, Arthur Fraas, John Graham, George Gray, James Hammitt, Kerry Krutilla, Peter Linquiti, Randall Lutter, Brian Mannix, Stuart Shapiro, Anne Smith, W. Kip Viscusi, Richard Zerbe

Economics Faculty Publications

Regulatory impact analyses (RIAs) weigh the benefits of regulations against the burdens they impose and are invaluable tools for informing decision makers.We offer 10 tips for nonspecialist policymakers and interested stakeholders who will be reading RIAs as consumers.

1. Core problem: Determine whether the RIA identifies the core problem (compelling public need) the regulation is intended to address.
2. Alternatives: Look for an objective, policy-neutral evaluation of the relative merits of reasonable alternatives.
3. Baseline: Check whether the RIA presents a reasonable “counterfactual” against which benefits and costs are measured.
4. Increments: Evaluate whether totals and averages obscure relevant distinctions and trade-offs.
5. Uncertainty: Recognize …

Government Rule Compliance, Safety, And The Influence Of Regulation On Railroad Trainmen, Carlos Mendoza, Phd

Walden Dissertations and Doctoral Studies

Operational testing of railroad trainmen on federal government safety rules is a daily occurrence on every railroad in the United States. This constant testing and resulting discipline distracts trainmen from the task at hand, causing a loss of focus which could lead to injury or accidents. Using the social construction framework, this research sought to gain an understanding of trainmen's perception on how operational testing impacts their workplace safety, as well as how they perceive the U.S. federal government influences regulation and discipline. This phenomenological study investigated a segment of railroad employees, the trainmen, because they are operationally tested more …

Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir

All Faculty Scholarship

In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II dispute and finds …