Management-Based Regulation: Prescribing Private Management to Achieve Public Goals.
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...
| Publicado en: | Law & Society Review Vol. 37; no. 4; pp. 691 - 731 |
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| Autores principales: | , |
| Formato: | Artículo |
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Wiley-Blackwell
December 2003
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=510317044&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 510317044 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239216 LSR jtl: Law & Society Review issn: 00239216 maglogo: N pubinfo: dt: December 2003 vid: 37 iid: 4 pid: 480 pub: Wiley-Blackwell artinfo: ui: 510317044 10.1046/j.0023-9216.2003.03703001.x ppf: 691 ppct: 40 formats: fmt: – @attributes: type: T – @attributes: type: P size: 2.5MB tig: atl: Management-Based Regulation: Prescribing Private Management to Achieve Public Goals. aug: au: Coglianese, Cary Lazer, David su: United States. Occupational Safety & Health Administration United States. Environmental Protection Agency United States. Food & Drug Administration United States. Dept. of Agriculture Decision making Industrial safety laws Food laws Environmental law United States sug: subj: United States United States. Occupational Safety & Health Administration United States. Environmental Protection Agency United States. Food & Drug Administration United States. Dept. of Agriculture Decision making Industrial safety laws Food laws Environmental law ab: 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.” Reprinted by permission of the publisher. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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