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By Robert T. Nakamura
Regardless of 3 decade of lively efforts at deregulation throughout all degrees of presidency, legislation is still ubiquitous. it really is disliked since it is inevitably coercive: it forces contributors and companies to do issues - usually high priced and ugly issues - that they do not are looking to. yet few may argue that glossy govt can do with no a few recourse to the stick, regardless of the preferred charm of the carrot. If regulatory programmes are to outlive and stay powerful, a principal problem is their endemic unpopularity and the political vulnerability that follows from it. not like a lot of the present literature on legislation, this booklet starts off with the idea that the government's capability to make use of law as a coverage device is critical. The ebook examines the questions of ways to make the inherently coercive facets of rules extra politically appropriate in an anti-regulatory surroundings and the way the felony and administrative demanding situations of reform in ongoing regulatory programmes may perhaps top be approached.
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Extra info for Taming Regulation: Superfund and the Challenge of Regulatory Reform
Example text
Criticisms from Economic Theory Scholarly critiques of regulation—particularly from economists and others influenced by economic theory—have fed a developing antiregulatory majority among policymakers. Because much of economics is organized around the virtues of market decisions, regulation is immediately suspect, on both theoretical and practical grounds, because it uses coercion to shift choice from individuals to government. Salamon writes of coerciveness: “Economists in particular consider [coerciveness] important since it essentially measures the extent to which a tool involves a deviation from reliance on the market as a mechanism to allocate resources and settle social roles.
The program is highly coercive and arguably inherently unfair. It has a very broad mandate, necessarily leading to selective enforcement. Administrative resources are both inadequate and internally divided, and the program operates in an environment that makes internal reform difficult. So the task of changing Superfund presented the type of hard case that has often frustrated those who sought to implement administrative changes in other settings. Finally, it is a story of unexpected success—an unusual subject for scholars of policy implementation and organizational change.
A weak state apparatus in which the bureaucracy is not given enough resources to achieve the goals for which it is responsible. —A regulatory style heavily reliant on the threat of coercion, combined with often severe penalties for the regulated and potentially great benefits for other publics. 42 As the foregoing suggests, adversarial legalism is both a cause and a consequence of the behavior of agencies as they set out to interpret and implement regulatory statutes. Chapter 3 examines the challenge these circumstances pose to agencies charged with implementing regulatory statutes in a context of adversarial legalism.