Publications

Literature
Good Regulation and Public Policies Evaluation: selected literature
Baldwin R. and Cave M. (2021)
Taming the Corporation: How to Regulate for Success
Virtually all enterprises are regulated in a host of ways and regulation is crucial not merely to economic success but to protecting consumer, worker, environmental, and an array of other interests. Regulation, though, is often seen negatively: as a tiresome interference with entrepreneurial activity. This negative vision is unhelpful in addressing business and other needs for productive forms of regulation. Taming the Corporation offers an alternative, positive, vision of regulation. It stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests. This paves the way for more productive regulatory designs. It looks at the characteristics of good regulation and provides businesses, consumers, and citizens with the arguments that they need when they push for regulatory controls that serve their needs. Understandings of regulation are also served by looking at the potentially positive roles of control strategies ranging from ‘command laws’ to ‘nudges’. The book, in addition, provides a more detailed examination of three key regulatory challenges in the modern world: regulating for sustainability; addressing global warming; and controlling digital platforms. Taming the Corporation offers a new vision of regulation—as a positive way to steer corporate power in productive and useful directions. It turns the traditional regulation discussion on its head. Regulatory theories are discussed but the book also uses numerous case examples to illustrate and address real life challenges.
Literature
Good Regulation and Public Policies Evaluation: selected literature
Livermore M.A.; Revesz R. L. (2020)
Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health
Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health explains how Donald Trump destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government’s ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous and even-handed cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.
Literature
Good Regulation and Public Policies Evaluation: selected literature
The United States Department of Justice (2020)
Justice Department Releases Report On Modernizing The Administrative Procedure Act
The Justice Department released a report today on the need for Congress to update and improve the Administrative Procedure Act (APA), the 74-year-old statute setting forth the procedures agencies must follow when regulating individuals, businesses, non-profits, and state and local government entities. The report, entitled Modernizing the Administrative Procedure Act, discusses how the administrative state has developed in ways not foreseen by the APA in 1946, how the APA might be legislatively improved, and how this Administration’s improvements to agencies’ regulatory processes could inform modernizing the APA. The Justice Department, which significantly shaped the original APA, hopes that the ideas and insights discussed in the report will encourage and inform much needed action by Congress to modernize the APA. The report released today is based on a summit held at the Justice Department on December 6, 2019. The summit brought together leading regulatory practitioners, policymakers, and scholars to discuss how best to reform the APA, which remains largely unchanged since its enactment in 1946. These experts offered a variety of ideas, from a variety of perspectives, on how Congress could reform the APA so that regulation better serves the needs of the American people. “This report aims to disseminate the many good ideas for modernizing the APA offered by participants in the summit,” said Deputy Attorney General Jeff Rosen. “The Justice Department is eager to build on the many improvements the Trump Administration has already made to the regulatory process by working with leaders in Congress to modernize the APA.” “This important report contributes to the ongoing dialogue about how to make the American administrative system less burdensome, more accountable to the people, and more respectful of the rights of Americans,” said Paul Ray, Administrator of the White House Office of Information and Regulatory Affairs. “It follows on a number of critical reforms by President Trump and is essential reading for anyone who shares a commitment to vindicating the principles of limited, accountable government and the rule of law in today’s world.”