Regulation

There are two major themes in my research on regulation. The first is around domestic regulation, focusing on an emerging regulatory approach that Cary Coglianese and I have labeled "management-based regulation" (MBR). MBR is an intervention at the management level, rather than output or technology level, and has really become quite widespread in the last 15 years, as command and control has hit its limits in a variety of domains. Our papers provide an exploration of the defining features of this regulatory tool, and point to underlying conditions (e.g., heterogeneity of regulated sites, and high costs of measurement) under which MBR might be a desirable regulatory model.

In the second theme of my research on regulation, I look at the types of regulatory interdependence that exist in the international system. In particular, I have argued that there are three modes of regulatory policy interdependence: competitive, coordinative, and informational. In the competitive mode, states use regulatory policy to differentiate themselves in competition with other states—e.g., for international capital. In the coordinative mode, states benefit by having the same standards as other states—e.g., to maintain access to foreign markets. Finally, in the informational mode, states are informationally interdependent, where the experiences of one country provide lessons for others.

Publications List

  • management-based-regulation
    Coglianese, Cary, and David Lazer. 2004. “Management-Based Regulation: Prescribing Private Management to Achieve Public Goals”. Law & Society Review.

    We analyze a little-studied regulatory approach that we call management-based regulation. Management-based regulation directs regulated organizations to engage in a planning process that aims toward the achievement of public goals, offering firms flexibility in how they achieve public goals. In this article, we develop a framework for assessing conditions for using management-based regulation as opposed to the more traditional technology-based or performance-based regulation. Drawing on case studies of management-based regulation in the areas of food safety, industrial safety, and environmental protection, we show how management-based regulation can be an effective strategy when regulated entities are heterogeneous and regulatory outputs are relatively difficult to monitor. In addition to analyzing conditions for the use of management-based regulation, we assess the range of choices regulators confront in designing management-based regulations. We conclude that management-based regulation requires a far more complex intertwining of the public and private sectors than is typical of other forms of regulation, owing to regulators’ need to intervene at multiple stages of the production process as well as to the degree of ambiguity over what constitutes "good management."

    See also: Regulation