Public Policy Commons^™

The Age Of Greed And The Sabotage Of Regulation, Rena I. Steinzor

Faculty Scholarship

President Obama has exhibited a steadfast determination to respond with conciliation to intemperate and relentless demands by his political opponents that he dismantle regulation because it is undermining the nation’s economy. Viewed from the perspective of winning either political support or the basis for compromise with Republican legislative leaders, his concessions seem not only to have failed, but have also made matters significantly worse because, as negotiation experts would remind us, responding to highly competitive negotiation tactics with conciliation incites escalating confrontations and even more extreme demands.

The Article uses the Administration’s decision to kill a proposed rule updating “hazardous …

Experimentalist Governance, Charles F. Sabel, Jonathan Zeitlin

Faculty Scholarship

This article discusses the concept of the so-called experimentalist governance. It explains that the experimentalist architecture in regulation is well illustrated by the European Union Water Framework Directive (WFD) and its Common Implementation Strategy. The article suggests that experimentalism appears particularly well suited to transnational domains, where there is no overarching sovereign with the authority to set common goals even in theory, and where the diversity of local conditions and practices makes the adoption and enforcement of uniform fixed rules even less feasible than in domestic settings.