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Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Scholarly Publications
This Article is the first of two that grapple with a central policy challenge facing the administrative state: how to govern in times of dynamic change when challenges, and opportunities to address them, are both shifting rapidly. It suggests that, conceptually, process design that is likely to produce effective regulatory governance requires attention to three key distinct but interrelated variables: (1) the actors who are or should be involved in program implementation in different capacities; (2) the mechanisms (legal and otherwise) available to promote good governance; and (3) the tools available to advance desired results. To demonstrate the value of …