Public Administration Commons^™

Provincial Cannabis Legislation, Regulation, And Licensing: Its Effectiveness And Impacts On Municipalities In Ontario, Rami Farag

Major Papers

The legalization of cannabis has been a controversial topic within the last two decades in many developed states. The legalization brought medicinal benefits, economic opportunity, and a projected decrease in organized crime. It has, however, also prompted new challenges for different levels of government. In Canada, legalization was a federal decision that was then regulated by provincial governments. However, local governments were on the receiving end of both federal and provincial legislation and regulations that often restricted municipal autonomy with respect to cannabis.

This paper aims to provide a better understanding of the legal and regulatory framework of retail cannabis …

Análisis De La Regulación Y El Control De Los Servicios Públicos Domiciliarios Privatizados En Argentina Bajo El Período Kirchnerista (2003-2015), Andrea López

Gobernar: The Journal of Latin American Public Policy and Governance

Este artículo somete a estudio las renegociaciones contractuales con las empresas privatizadas, prestadoras de electricidad, gas, agua potable y telefonía básica en la zona del ámbito metropolitano y Gran Buenos Aires (AMBA), así como sus regímenes regulatorios y el devenir de los entes de control respectivos, durante los mandatos presidenciales de Néstor Kirchner y de Cristina Fernández de Kirchner, a los efectos de analizar el “cruce” o “tensión” entre las políticas “pro-mercado” impulsadas a partir de las reformas estructurales de los 90, las iniciativas primigenias de cambio de la institucionalidad regulatoria, las normativas finalmente aprobadas y las prácticas consolidadas -y …

Understanding Stakeholder Interests In Rulemaking Through The Lens Of Private-Interest Institutionalism, Walter Lewis Koski

Walden Dissertations and Doctoral Studies

State regulators have the task of promulgating regulations for multiple heavily regulated industries, but there is a dearth of research to help public policy makers better understand how rulemaking processes are perceived by stakeholders in those processes. Regulators who promulgated rules for the legalization of marijuana in Colorado used both required and discretionary methods of participation in rulemaking to involve stakeholders with multiple competing interests. This qualitative research study was based on a phenomenological approach and interview data from 10 stakeholders who participated in the Colorado Marijuana Enforcement Division's rulemaking processes between 2013 and 2016. The purpose of this study …

Transparency And Algorithmic Governance, Cary Coglianese, David Lehr

All Faculty Scholarship

Machine-learning algorithms are improving and automating important functions in medicine, transportation, and business. Government officials have also started to take notice of the accuracy and speed that such algorithms provide, increasingly relying on them to aid with consequential public-sector functions, including tax administration, regulatory oversight, and benefits administration. Despite machine-learning algorithms’ superior predictive power over conventional analytic tools, algorithmic forecasts are difficult to understand and explain. Machine learning’s “black-box” nature has thus raised concern: Can algorithmic governance be squared with legal principles of governmental transparency? We analyze this question and conclude that machine-learning algorithms’ relative inscrutability does not pose a …

Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett

All Faculty Scholarship

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

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 …

The Challenge Of Regulatory Excellence, Cary Coglianese

All Faculty Scholarship

Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …

Administrative Law: The U.S. And Beyond, Cary Coglianese

All Faculty Scholarship

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative …

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

All Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …

The Federal Banking Regulators: Agency Capture, Regulatory Failure, And Industry Collapse During The 2008 Financial Crisis, Justin Rex

Wayne State University Dissertations

This dissertation examines the process of agency capture at four federal bank regulatory agencies leading up to the 2008 financial crisis: the Federal Deposit Insurance Corporation, the Federal Reserve, The Office of the Comptroller of the Currency, and The Office of Thrift Supervision. Though public administration and policy scholars have moved away from capture theory toward a more pluralistic understanding of agency policymaking, recent events like the Gulf oil spill, coal mining disasters, and the 2008 financial crisis have renewed attention to the role lax regulation plays in disasters and crises. As such, I set out to explore whether banks …

Regulating And Deregulating The Public Utilities 1830–2010, Judith Clifton Dr.

Judith Clifton

History can provide invaluable insights into important issues of the economic and social regulation of utilities, and offer lessons towards future debates. But the history of utility regulation – which speaks of changing, diverse and complex experiences around the world – was, unfortunately, sidelined or marginalised when economists and policymakers enthusiastically embraced the question of how to reform the utilities from the 1970s. This paper provides an overview of the three, overarching, `waves' of utility regulation from the nineteenth century to the present, documenting how, when and why the ways in which the roles of the state, the market and …

From National Monopoly To Multinational Corporation: How Regulation Shaped The Road Towards Telecommunications Internationalisation, Judith Clifton, Daniel Díaz-Fuentes, Francisco Comín

Judith Clifton

One of the consequences of major regulatory reform of the telecommunications sector from the end of the 1970s – particularly, privatisation, liberalisation and deregulation – was the establishment of a new business environment which permitted former national telecommunications monopolies to expand abroad. From the 1990s, a number of these firms, particularly those based in Europe, joined the rankings of the world's leading multinational corporations. Their internationalisation was uneven, however: while some firms internationalised strongly, others ventured abroad much slower. This article explores how the regulatory framework within which telecommunications incumbents evolved over the long-term shaped their subsequent, uneven, paths to …

Stakeholder, Organizational And Environmental Influences On Nursing Home Regulatory Enforcement : A New Perspective, Tamika R. Black

Legacy Theses & Dissertations (2009 - 2024)

This dissertation proposes a conceptual framework that integrates stakeholder and compliance theory and employs a multi-method approach to examine the influence of stakeholders, bureaucratic discretion and external environment on nursing home inspections and enforcement. Negative binomial regression analysis was conducted on a population of 655 nursing homes in New York to identify determinants of variation in compliance and enforcement (as measured by deficiency citations). As hypothesized, organizational characteristics (i.e., nursing home bed capacity, sponsorship, occupancy rates and Medicaid revenue) were significant predictors of regulatory compliance and quality of care. Nursing home complaints, the presence of family councils, political party of …

The Political Economy Of Telecoms And Electricity Internationalization In The Single Market, Judith Clifton, Daniel Díaz-Fuentes, Revuelta Julio

Judith Clifton

As a consequence of liberalization policies in the European Union (EU), a number of formerly inward-looking incumbents in telecommunications and electricity transformed themselves into some of the world’s leading Multinationals. The relationship between liberalization and incumbent internationalization, however, is contested. Three political economy arguments on this relationship are tested. The first claims that incumbents most exposed to domestic liberalization would internationalise most. The second asserts that incumbents operating where liberalization was restricted could exploit monopolistic rents to finance internationalisation. The third argument claims that a diversity of paths will be adopted by countries and incumbents vis-à-vis liberalization and internationalization. Using …

Evaluating Eu Policies On Public Services: A Citizens' Approach, Judith Clifton, Daniel Díaz-Fuentes

Judith Clifton

This article evaluates EU policies on public services – particularly public network services - from the citizens´ point of view. It is first argued that citizens´ perceptions are important because the provision of fundamental services is at stake and because they constitute the infrastructure necessary for social and economic development. Citizens’ “voice” can, therefore, be known, analysed and used in the design of improved policy on public services along with other indicators. Changing EU policy on public services is synthesised and classified into two main phases in section two. Citizen satisfaction with public services as revealed through surveys from 1997 …

Is The European Union Ready For Fdi From Emerging Markets?, Judith Clifton, Daniel Díaz-Fuentes

Judith Clifton

This chapter asks whether the European Union Member States are ready for inward Foreign Direct Investment from the Emerging Markets. It concludes that European Union Member States have relatively open Foreign Direct Investment regimes in the international context, and yet instances of protectionism have been apparent in the recent period. However, protectionism has occurred both vis-a-vis Foreign Direct Investment from the Global South as well as from within the European Union, particularly in the so-called 'strategic' industries.

‘Empowering Europe’S Citizens’? Towards A Charter For Services Of General Interest, Judith Clifton, Daniel Díaz-Fuentes, Francisco Comín

Judith Clifton

This article analyses the development of the European Union (EU) project of a Charter for Services of General Interest (SGI) from the mid-1990s to the publication of the White Paper on Services of General Interest and the draft European Constitution in 2004. Though service charters are often associated with New Public Management (NPM) reforms related to privatization, they are also an integral part of the process of EU institution building, and need to be understood alongside developments such as the Charter of Fundamental Rights. Using a four-stage model of international NPM convergence analysis four phases of the Charter for SGI …

Citizens, Development Interests, And Local Land-Use Regulation, Arnold Fleischmann, Carol A. Pierannunzi

Faculty and Research Publications

Local governments confer significant benefits and costs on individuals and businesses through their power to regulate private land use. This article analyzes such regulation by using discriminant analysis to test a model of rezoning decision making. The results indicate that the best predictor of a local governing body's decision in a rezoning case is the recommendation of the appointed planning commission. This is contrary to both scholarly and popular expectations that pressure by developers or public protest is the major factor influencing elected officals in rezoning cases. The results suggest that citizen advisory boards may have significant effects on local …