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Achieving Regulatory Excellence

Edited by Cary Coglianese

Publication Year: 2016

What defines success for a regulator? Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging sharing economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. What defines success for a regulator? Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Understanding and Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to improve their performance. It provides guidance about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity – for regulatory excellence – has never been stronger.

Published by: Brookings Institution Press

Front Cover

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Title Page, Copyright

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pp. i-vi

Table of Contents

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pp. vii-viii

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Foreword

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pp. ix-xv

Throughout most of my tenure in public service, I had been of the view that the primary role for regulatory activity is to serve a protective function. Th at is, regulators are to invoke the authority of the state to compel people and businesses to align their behavior with...

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1. The Challenge of Regulatory Excellence

Cary Coglianese

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pp. 1-20

In his bestselling book, Better, physician Atul Gawande explains why medical professionals must strive to achieve excellence: quite simply, he says, because “lives are on the line.” Gawande also notes that doctors “face daunting expectations” in situations where the appropriate...

Part I: Defining Regulatory Excellence

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2. Responsive Excellence

John Braithwaite

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pp. 23-35

Being a responsive regulator means being responsive to the regulated community and its community of stakeholders (such as consumers of a regulated product or ser vice). More fundamentally it means being responsive to the entire environment in which...

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3. Regulating by the Stars

Wendy Wagner

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pp. 36-55

There is an old cliché that there are two things you never want to see made: laws and sausages. And although laws and regulations differ in their institutional means of production, the sausage-making analogy may be even more apt for decisionmaking by regulatory authorities. After all, the whole...

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4. Regulatory Excellence and Democratic Accountability

Kathryn Harrison

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pp. 56-71

Regulation is a challenging policy instrument from the perspective of democratic governance. It typically entails the imposition of costs or restrictions on some actors in order to protect the welfare of others. The exercise of the state’s monopoly on coercion demands strong mechanisms...

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5. Beyond Process Excellence: Enhancing Societal Well-Being

John D. Graham and Paul R. Noe

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pp. 72-87

There is much confusion among academics, regulatory practitioners, and stakeholders over what it means for a regulator to be excellent. We suspect that there is even greater consternation over process— how regulations are made— than about the substantive outcomes. Th e confusion is so ingrained...

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6. Regulatory Equilibrium

Ted Gayer

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pp. 88-100

A nineteenth-century Rabbi offered the following advice: In one pocket you should keep a slip of paper that says, “I am but dust and ashes,” and in the other pocket a slip that says, “The world was created for me.” The secret of living well, advised this rabbi, comes from knowing when...

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7. A Risk Regulation Perspective on Regulatory Excellence

Bridget M. Hutter

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pp. 101-114

Regulation is extraordinarily difficult. It is about balancing and achieving multiple objectives, as well as balancing the interests of multiple groups and stakeholders.1 “Excellence” in regulation might be viewed diff erently depending on where you stand — for example, as a member of...

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8. Regulatory Excellence and Lucidity

Robert Baldwin

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pp. 115-130

Excellent regulators perform in a manner that raises them above the merely satisfactory or competent agencies. The hallmark of such excellence, I argue here, is lucidity — a clarity of approach in delivering on the essential tasks of regulation. The notion of regulatory lucidity is set out in detail...

Part II: Seeking Regulatory Excellence

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9. Regulatory Excellence: Lessons from Theory and Practice

Daniel C. Esty

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pp. 133-147

Regulatory excellence has many facets. But what constitutes “best practice” in the governmental domain has been underpinned by too little theory and not much analy sis of practice. In this chapter I try to fi ll in both gaps. I introduce a framework about what should matter in pursuing...

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10. What Makes a Regulator Excellent? Mission, Funding, Information, and Judgment

Shelley H. Metzenbaum and Gaurav Vasisht

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pp. 148-165

The question "what makes a regulator excellent?” is not easy to answer. Is “excellent” synonymous with “effective”? How does a regulator’s judgment factor into the equation, given that one person’s “tough, but fair” regulator may be perceived by another to be...

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11. Beyond Best-in-Class: Three Secrets to Regulatory Excellence

Adam M. Finkel

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pp. 166-187

How could a society build the best regulatory organ ization the world has yet to see? One possible blueprint for such an endeavor would be to identify the best component parts from regulators around the world and put...

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12. Compliance, Enforcement, and Regulatory Excellence

Neil Gunningham

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pp. 188-206

Exactly how excellent an regulator intervene in the aff airs of regulated organ izations to ensure compliance (and arguably overcompliance) and facilitate enforcement? Th at question motivates this chapter, which is...

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13. The Role of Policy Learning and Reputation in Regulatory Excellence

David Vogel

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pp. 207-224

A critical characteristic of an excellent regulator is the ability to engage in policy learning. Policy learning has two key dimensions. First, policy learning requires that a regulator recognize the accomplishments and shortcomings of both the decisions made by other regulators...

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14. Regulatory Excellence via Multiple Forms of Expertise

David Levi-Faur

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pp. 225-237

The search for excellence in administrative governance appears on the policy agenda for many good reasons. Some of these good reasons are known as government or regulatory governance failures. Still, the extent to which these governance failures are avoidable or even a fair representation...

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15. Insurance and the Excellent Regulator

Cary Coglianese and Howard Kunreuther

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pp. 238-254

Regulation stands as one of society’s primary tools for managing the risks that pervade modern life. But regulation is not the only tool; insurance is another important risk management tool. In addition to providing a source of compensation for losses after risks have materialized, insurance...

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16. A Systems Approach to Regulatory Excellence

Angus Corbett

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pp. 255-270

Systems are all around us. They make up the technology that we use in our daily lives: computers, cars, and cell phones, to name just a few. Not only are common technological devices themselves complex systems of interactive ...

Part III: Assessing Regulatory Excellence

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17. Performance Principles for Regulators

Donald P. Moynihan

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pp. 273-290

In recent decades, governments have tried to instill a culture of excellence in public services by turning to performance management techniques. Th is turn to performance- based approaches extends to regulation. Regulators have been encouraged to use performance metrics...

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18. Measuring Regulatory Excellence

Cary Coglianese

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pp. 291-308

Measurement and rating systems abound in all aspects of contemporary life. The Michelin Guide books rate restaurants and hotels. Consumer Reports magazine provides scores on new washing machines, micro wave ovens, and...

Contributors

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pp. 309-310

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Acknowledgments

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pp. 311-314

This book grew out of an expert dialogue session held at the University of Pennsylvania Law School in March 2015. Th e two- day session was part of a larger “best- in- class” regulator initiative convened under...

Index

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pp. 315-322

Back Cover

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pp. 323-324


E-ISBN-13: 9780815728443
E-ISBN-10: 0815728441
Print-ISBN-13: 9780815728429
Print-ISBN-10: 0815728425

Page Count: 260
Publication Year: 2016

OCLC Number: 965143904
MUSE Marc Record: Download for Achieving Regulatory Excellence