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 …

Administrative Law In The Automated State, Cary Coglianese

All Faculty Scholarship

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Deploying Machine Learning For A Sustainable Future, Cary Coglianese

All Faculty Scholarship

To meet the environmental challenges of a warming planet and an increasingly complex, high tech economy, government must become smarter about how it makes policies and deploys its limited resources. It specifically needs to build a robust capacity to analyze large volumes of environmental and economic data by using machine-learning algorithms to improve regulatory oversight, monitoring, and decision-making. Three challenges can be expected to drive the need for algorithmic environmental governance: more problems, less funding, and growing public demands. This paper explains why algorithmic governance will prove pivotal in meeting these challenges, but it also presents four likely obstacles that …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

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 …

Regulation Through Accreditation In Argentine Graduate Education : Regulatory Actions And Organizational Responses, Dante Javier Salto

Legacy Theses & Dissertations (2009 - 2024)

Most countries, developing as well as developed, have adopted some type of quality assurance mechanism. Argentina is neither an island nor an outlier in higher education reforms in general, and it not when it comes to graduate program accreditation in particular. This study explores the way higher education institutions, as examples of autonomous organizations, respond to a new set of regulatory policies. My specific core interest is to discover what types of responses graduate programs give to compulsory accreditation. The study incorporates analysis from the regulatory and the higher education literature, theories and findings.

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer

All Faculty Scholarship

Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …

Regulation Of Hydraulic Fracturing Of Shale Gas Formations In The United States, Fatemeh Bagheri

Pepperdine Policy Review

The practice of hydraulic fracturing has become increasingly common over the years since it has been looked at to replace energy derived from coal. Though hydraulic fracturing may be one of the better forms of obtaining energy, it comes with its own set of problems ranging from environmental problems to health problems if the appropriate safeguards are not implemented when completing the process. Regulations at the local, state, and federal level are assessed to determine which entity should regulate the practice and many technologies are reviewed in order to offer suggestions which allow the process to be completed without significant …

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.

Much Ado About Nothing?, Cary Coglianese

All Faculty Scholarship

Policy scholars and decision makers should be careful before concluding that President Bush's recent Executive Order 13422 will result in "paralysis by analysis." That lament has been heard about other changes to rule making procedures over the last seven decades, yet steady increases in the cost and volume of federal regulations during that time period clearly indicate that paralysis has yet to set in. Administrative procedures are embedded within a complex web of politics, institutions, and organizational behavior. Within that web, procedures are but one factor influencing government agencies.

‘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 …

The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant

All Faculty Scholarship

Regulators must rely on science to understand problems and predict the consequences of regulatory actions, but science by itself cannot justify public policy decisions. We review the Environmental Protection Agency's efforts to justify recent changes to its National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter, showing how the agency was able to cloak its policy judgments under the guise of scientific objectivity. By doing so, the EPA evaded accountability for a shifting and incoherent set of policy positions that will have major implications for public health and the economy. For example, even though EPA claimed to base …

Performance-Based Regulation: Prospects And Limitations In Health, Safety And Environmental Protection, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

Regulation aims to improve the performance of individual and organizational behavior in ways that reduce social harms, whether by improving industry's environmental performance, increasing the safety of transportation systems, or reducing workplace risk. With this in mind, the phrase "performance-based regulation" might seem a bit redundant, since all regulation should aim to improve performance in ways that advance social goals. Yet regulators can direct those they govern to improve their performance in at least two basic ways. They can prescribe exactly what actions regulated entities must take to improve their performance. Or they can incorporate the regulation's goal into the …

Controlling Adult Oriented Businesses In Norfolk, Virginia, 1943–1998: A Descriptive Case Study, Janet Gail Nicula

Theses and Dissertations in Urban Services - Urban Management

The purpose of this case study is to analyze methods used in the city of Norfolk, Virginia to control adult oriented businesses (AOBs). Evidence is derived from several sources: interviews, analysis of government records, documents, historical photographs, and current observations.

The research examines approaches taken by the city to control AOBs in three locations: Main Street-Granby Street, the north end of Hampton Boulevard, and Little Creek Road-Shore Drive. Research questions addressed (1) how AOBs in Norfolk were controlled, (2) what or who instigated the process, (3) the Navy's role in the process, (4) role of Norfolk Redevelopment and Housing Authority, …

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …