Regulatory and Administrative Burdens Measurement: selected literature
Coglianese C., Scheffler G., Walters D. (2021)
At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory schemes, and even undermine the rule of law. In this paper, we conduct the first systematic empirical investigation of the hidden world of unrules. Using a computational linguistic approach to identify unrules across the Federal Register, the Code of Federal Regulations, and the United States Code, we show that unrules are an integral and substantial feature of the federal regulatory system. Our analysis shows that, by several conservative measures, there exists one obligation-alleviating word for approximately every five to six obligation-imposing words in federal law. We also show that unrules are surprisingly unrestrained by administrative law. In stark contrast to administrative law’s treatment of obligation-imposing rules, regulators wield substantially more discretion in deploying unrules to alleviate regulatory obligations. As a result, a major form of agency power remains hidden from view and relatively unencumbered by law. Recognizing the central role that unrules play in our regulatory system reveals the need to reorient administrative law and incorporate unrules more explicitly into its assumptions, doctrines, and procedures.
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.