Cary Coglianese

University of Pennsylvania Carey Law School

Edward B. Shils Professor of Law and Professor of Political Science

3501 Sansom Street

Philadelphia, PA 19104

United States

http://www.law.upenn.edu/coglianese

  • University of Pennsylvania Carey Law School

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    • Tel: 215-898-6867
SCHOLARLY PAPERS

121

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252

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170

Scholarly Papers (121)

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1.

Meta-Regulation and Self-Regulation

THE OXFORD HANDBOOK ON REGULATION, Martin Cave, Robert Baldwin, Martin Lodge, eds., 2010, U of Penn Law School, Public Law Research Paper No. 12-11, U of Penn, Inst for Law & Econ Research Paper No. 12-06
Number of pages: 36 Posted: 13 Feb 2012
Cary Coglianese and Evan Mendelson
University of Pennsylvania Carey Law School and Independent
Downloads 2,973 (7,565)
Citation 8

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regulation, self-regulation, meta-regulation, government, administrative law, rulemaking, corporate social responsibility, voluntary programs

2.

The Role of Government in Corporate Governance

New York University Journal of Law and Business, Vol. 1, p. 219, 2004, KSG Working Paper No. RWP04-045
Number of pages: 28 Posted: 02 Nov 2004 Last Revised: 29 Mar 2010
Cary Coglianese, Thomas J. Healey, Elizabeth K. Keating and Michael L. Michael
University of Pennsylvania Carey Law School, Harvard University - Harvard Kennedy School (HKS), Harvard University - John F. Kennedy School of Government and Harvard University - Harvard Kennedy School (HKS)
Downloads 2,504 (9,840)
Citation 17

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corporate governance, financial regulation, self-regulation, regulatory enforcement

3.

Regulating by Robot: Administrative Decision Making in the Machine-Learning Era

Georgetown Law Journal, Vol. 105, Pg. 1147, 2017, U of Penn, Inst for Law & Econ Research Paper No. 17-8
Number of pages: 78 Posted: 07 Mar 2017 Last Revised: 20 Jul 2017
Cary Coglianese and David Lehr
University of Pennsylvania Carey Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 2,127 (12,818)
Citation 15

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Constitutional & administrative law, autonomous systems, automation, artificial intelligence, AI, adjudicating by algorithm, rulemaking by robot, information technology, e-government, digital government, statistical learning, agent-based models, multi-agent systems

4.

Transparency and Algorithmic Governance

Administrative Law Review, Vol. 71, P. 1, 2019, U of Penn Law School, Public Law Research Paper No. 18-38
Number of pages: 56 Posted: 29 Nov 2018 Last Revised: 18 Apr 2019
Cary Coglianese and David Lehr
University of Pennsylvania Carey Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 1,730 (17,786)
Citation 4

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Administrative law, regulation, open government, machine learning, autonomous systems, artificial intelligence, AI, e-government, big data, predictive analytics, algorithms, digital government, information technology, public administration, reason giving, reasoning, explainability, transparency

5.

Regulation and Regulatory Processes

REGULATION AND REGULATORY PROCESSES, Cary Coglianese, Robert A. Kagan, eds., Ashgate Publishing, 2007, U of Penn Law School, Public Law Research Paper No. 08-43
Number of pages: 32 Posted: 10 Nov 2008 Last Revised: 18 Aug 2009
Cary Coglianese and Robert A. Kagan
University of Pennsylvania Carey Law School and University of California, Berkeley - Center for the Study of Law and Society
Downloads 1,513 (21,831)

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Administrative law, regulatory agencies, federal regulation, empirical research, regulatory policy making, regulatory enforcement, business responses to regulation, innovative models of regulation, self-regulation, performance standards, market-based incentives

6.

Social Movements, Law, and Society: The Institutionalization of the Environmental Movement

University of Pennsylvania Law Review, Vol. 150, Pg. 85, 2001, John F. Kennedy School of Government Working Paper Series RWP01-046
Number of pages: 34 Posted: 01 Feb 2002 Last Revised: 15 Feb 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 1,477 (22,593)
Citation 1

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Advocacy and Persuasion, Environment and Natural Resources, Law and Legal Institutions, Political Science

7.

Performance-Based Regulation: Prospects and Limitations in Health, Safety and Environmental Protection

Administrative Law Review, Vol. 55, p. 705, 2003, KSG Working Paper Series No. RWP02-050
Number of pages: 26 Posted: 16 Apr 2003 Last Revised: 04 Mar 2022
Cary Coglianese, Jennifer Nash and Todd Olmstead
University of Pennsylvania Carey Law School, Harvard University - Business School (HBS) and Yale University - School of Public Health
Downloads 1,385 (24,919)
Citation 28

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Business and Government Policy, Environment and Natural Resources, Law and Legal Institutions, Public Management, Regulation

8.

Is Satisfaction Success? Evaluating Public Participation in Regulatory Policymaking

THE PROMISE AND PERFORMANCE OF ENVIRONMENTAL CONFLICT RESOLUTION, Rosemary O'Leary & Lisa Bingham eds., 2003, KSG Working Paper No. RWP02-038
Number of pages: 27 Posted: 22 Sep 2002 Last Revised: 12 Feb 2012
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 1,307 (27,067)
Citation 13

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Regulatory Policymaking, Negotiation, Public Participation, Evaluation, Administrative Law

9.

Empirical Analysis and Administrative Law

University of Illinois Law Review, Vol. 2002, No. 1111, 2002, KSG Working Paper Series No. RWP02-035
Number of pages: 28 Posted: 22 Oct 2002 Last Revised: 28 Nov 2017
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 1,243 (29,179)
Citation 20

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administrative law, law and social sciences, regulatory policy

10.

Compliance Management Systems: Do They Make a Difference?

in Cambridge Handbook of Compliance (D. Daniel Sokol & Benjamin van Rooij eds., Cambridge University Press, Forthcoming), U of Penn, Inst for Law & Econ Research Paper No. 20-35
Number of pages: 46 Posted: 11 May 2020 Last Revised: 27 Aug 2020
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 1,150 (32,715)
Citation 2

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Regulatory compliance, administrative regulations, compliance programs, enterprise risk management, risk control, organizational behavior, corporate behavioral change, corporate codes of ethics, rule of law, systems engineering, organizational cultures

11.

Is Consensus an Appropriate Basis for Regulatory Policy?

Number of pages: 38 Posted: 25 May 2001
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 1,076 (35,869)
Citation 10

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12.

Evaluating Environmental Policies

Environment, Vol. 47, No. 2, p. 22, 2005, KSG Working Paper No. RWP04-049
Number of pages: 38 Posted: 16 Nov 2004 Last Revised: 12 Feb 2012
Lori Snyder Bennear and Cary Coglianese
Duke University - Nicholas School of the Environment and University of Pennsylvania Carey Law School
Downloads 1,023 (38,570)
Citation 3

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program evaluation, public policy, environmental policy and regulation

13.

AI in Adjudication and Administration

Brooklyn Law Review, Vol. 86, p. 791, 2021, U of Penn Law School, Public Law Research Paper No. 19-41
Number of pages: 48 Posted: 10 Dec 2019 Last Revised: 12 Jan 2022
Cary Coglianese and Lavi Ben Dor
University of Pennsylvania Carey Law School and University of Pennsylvania Law School
Downloads 939 (43,521)

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administrative law, courts, government agencies, artificial intelligence, algorithmic decision making, machine learning, criminal justice, law enforcement, dispute resolution, risk assessment, state & local government

14.

Unrules

Stanford Law Review, Vol. 73, pp. 885-967, 2021, U of Penn Law School, Public Law Research Paper No. 20-37, Penn State Law Research Paper No. 22-2020, Texas A&M University School of Law Legal Studies Research Paper No. 22-16
Number of pages: 85 Posted: 16 Oct 2020 Last Revised: 23 Aug 2022
Cary Coglianese, Gabriel Scheffler and Daniel E. Walters
University of Pennsylvania Carey Law School, University of Miami School of Law and Texas A&M University School of Law
Downloads 923 (44,520)
Citation 2

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rules, regulations, administrative law, regulatory burdens, legal obligations, exceptions, waivers, exemptions, variances, grandfathering, loopholes, empirical legal studies, computational linguistics, text analysis, judicial review, procedure, transparency, deregulation, capture, political economy

15.

Transparency and Public Participation in the Rulemaking Process: Recommendations for the New Administration

George Washington Law Review, Vol. 77, No. 4, 2009, Transparency and Public Participation Task Force Report, University of Pennsylvania Law School, July 2008, U of Penn Law School, Public Law Research Paper No. 08-41
Number of pages: 49 Posted: 04 Nov 2008 Last Revised: 13 Jan 2010
Cary Coglianese, Heather Kilmartin and Evan Mendelson
University of Pennsylvania Carey Law School, Independent and Independent
Downloads 906 (45,697)

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Administrative law, regulatory agencies, federal regulation, citizen comment, fairness

16.

The Internet and Citizen Participation in Rulemaking

I/S: Journal of Law and Policy for the Information Society, Vol. 1, p. 33, 2005, KSG Working Papers Series No. RWP04-044
Number of pages: 26 Posted: 03 Jul 2003 Last Revised: 13 Jan 2010
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 794 (54,755)
Citation 10

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Information Technology, Regulation, Administrative Law, Business and Government Policy, Law and Legal Institutions, Public Management, Political Science

17.

Citizen Participation in Rulemaking: Past, Present, and Future

Duke Law Journal, Vol. 55, p. 943, 2006, U of Penn Law School, Public Law Working Paper No. 06-25
Number of pages: 26 Posted: 10 Jul 2006 Last Revised: 23 Dec 2013
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 784 (55,652)
Citation 1

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E-rulemaking, Regulation, Public Participation, Internet, Democracy

18.

Flexible Environmental Regulation

OXFORD HANDBOOK OF U.S. ENVIRONMENTAL POLICY, Sheldon Kamieniecki and Michael E. Kraft, eds., Oxford University Press, 2012, U of Penn, Inst for Law & Econ Research Paper No. 12-03, U of Penn Law School, Public Law Research Paper No. 12-05
Number of pages: 42 Posted: 05 Feb 2012
Lori Snyder Bennear and Cary Coglianese
Duke University - Nicholas School of the Environment and University of Pennsylvania Carey Law School
Downloads 768 (57,218)
Citation 2

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Environmental law and policy, environmental economics, empirical legal studies, public policy analysis, regulatory design, instrument choice, regulatory flexibility, market-based instruments, emissions trading, management-based regulation, performance-based, paperwork burdens, voluntary programs

19.

Consumer Protection in an Era of Globalization

IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY, Cary Coglianese, Adam Finkel & David Zaring, eds., University of Pennsylvania Press, 2009 , U of Penn, Inst for Law & Econ Research Paper No. 11-10
Number of pages: 20 Posted: 25 Mar 2011
Cary Coglianese, Adam M. Finkel and David T. Zaring
University of Pennsylvania Carey Law School, University of Michigan School of Public Health and University of Pennsylvania - Legal Studies Department
Downloads 758 (58,237)

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international trade and regulation, safety of imports, product liability and safety regulation, regulation of foreign manufacturers, consumer law and policy, regulatory standards, compliance, enforcement

20.

Seeking Truth for Power: Informational Strategy and Regulatory Policy Making

Minnesota Law Review, Vol. 89, p. 277, 2004, Stanford Public Law Working Paper No. 93; Harvard Public Law Working Paper No. 101; KSG Working Paper No. RWP04-021
Number of pages: 65 Posted: 12 May 2004 Last Revised: 17 Jan 2010
Cary Coglianese, Richard J. Zeckhauser and Edward (Ted) A. Parson
University of Pennsylvania Carey Law School, Harvard University - Harvard Kennedy School (HKS) and University of California, Los Angeles (UCLA) - School of Law
Downloads 751 (58,967)
Citation 20

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Regulatory Strategy, Information Asymmetry, Administrative Law

21.

Capturing Regulatory Reality: Stigler's The Theory of Economic Regulation

U of Penn, Inst for Law & Econ Research Paper No. 16-15
Number of pages: 15 Posted: 07 Jul 2016
Christopher Carrigan and Cary Coglianese
George Washington University - Trachtenberg School of Public Policy and Public Administration and University of Pennsylvania Carey Law School
Downloads 731 (61,117)
Citation 4

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Economics, Administrative Law, Political Economy, Regulatory Institutions, Empirical Analysis, Weighing of Benefits and Costs, Public Policy, George Stigler

22.

The Rhetoric and Reality of Regulatory Reform

U of Penn Law School, Public Law Research Paper No. 08-02, Yale Journal on Regulation, 2008
Number of pages: 11 Posted: 09 Jan 2008 Last Revised: 31 May 2018
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 722 (62,156)

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Administrative Law, Executive Order 13,422, rulemaking, bureaucracy, federal regulations, regulatory review, regulatory policy, regulatory process, regulatory delay, growth of regulation, cost-benefit analysis, economic analysis, Presidency

23.

The Transparency President? The Obama Administration and Open Government

Governance, Vol. 22, No. 4, p. 522, October 2009, U of Penn Law School, Public Law Research Paper No. 09-18
Number of pages: 17 Posted: 16 Jul 2009 Last Revised: 12 Jan 2010
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 715 (62,977)
Citation 5

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governmental openness, disclosure, Freedom of Information Act, FOIA, secrecy, politics, internal deliberation, government information policy, signals, political risk, transparency limits, President Obama

24.

Management-Based Regulation: Using Private Management to Achieve Public Goals

Law & Society Review, Vol. 37, p. 691, 2003, KSG Working Paper Series RWP01-047
Number of pages: 39 Posted: 25 Feb 2002 Last Revised: 12 Feb 2012
Cary Coglianese and David Lazer
University of Pennsylvania Carey Law School and Northeastern University - Department of Political Science
Downloads 683 (66,814)
Citation 29

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Business and Government Policy, Environment and Natural Resources, Law and Legal Institutions, Regulation

25.

Regulating Machine Learning: The Challenge of Heterogeneity

Competition Policy International: TechReg Chronicle, February 2023, U of Penn Law School, Public Law Research Paper No. 23-06
Number of pages: 13 Posted: 27 Feb 2023 Last Revised: 05 May 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 650 (71,170)

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Artificial intelligence, machine learning, data science, analytics, big data, algorithms, rules and standards, government regulation, regulatory instruments, administrative agencies, agency capacity, public administration, expertise, heterogeneity

26.

Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter

Number of pages: 59 Posted: 13 Jun 2001
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 621 (75,318)
Citation 3

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27.

Legitimacy and Corporate Governance

Delaware Journal of Corporate Law, Vol. 32, No. 1, pp. 159-167, 2007, U of Penn, Inst for Law & Econ Research Paper No. 07-06, U of Penn Law School, Public Law Research Paper No. 07-13
Number of pages: 10 Posted: 28 Mar 2007
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 608 (77,299)
Citation 1

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delaware, journal, corporate, law, governance, state governance, discretion

28.

Chevron’s Interstitial Steps

George Washington Law Review, Vol. 85, p. 1339, 2017, U of Penn Law School, Public Law Research Paper No. 17-43
Number of pages: 54 Posted: 24 Oct 2017 Last Revised: 28 Feb 2019
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 600 (78,617)

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Administrative law, statutory interpretation, judicial review, jurisprudence, separation of powers, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., Supreme Court of the United States, SCOTUS, deference, delegation, agency discretion, rulemaking, regulation

29.

Regulating New Tech: Problems, Pathways, and People

TechREG Chronicle, Issue 1, U of Penn Law School, Public Law Research Paper No. 21-38
Number of pages: 12 Posted: 10 Dec 2021
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 573 (83,238)

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Regulation, technology, innovation, digital economy, new tech, fintech, regtech, computers, artificial intelligence, machine learning, algorithms, antitrust, competition, liability, administrative law, public administration, business, strategy

30.

E-Rulemaking: Information Technology and the Regulatory Process

Administrative Law Review, Vol. 56, p. 353, 2004, KSG Working Paper No. RWP04-002
Number of pages: 50 Posted: 11 Feb 2004 Last Revised: 23 Dec 2016
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 553 (87,219)
Citation 12

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Business and government policy, law and legal institutions, political science, public management, regulation

31.

Shifting Sands: The Limits of Science in Setting Risk Standards

University of Pennsylvania Law Review, Vol. 152, p. 1255, 2004, KSG Working Paper No. RWP03-036
Number of pages: 106 Posted: 20 Oct 2003 Last Revised: 19 Mar 2012
Cary Coglianese and Gary E. Marchant
University of Pennsylvania Carey Law School and Arizona State University - College of Law
Downloads 523 (93,348)
Citation 7

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Risk management, administrative law, environmental regulation

32.

Management-Based Strategies for Improving Private Sector Environmental Performance

Environmental Law Reporter, Vol. 36, No. 1, 2006, KSG Working Paper No. RWP05-025, Harvard Public Law Working Paper No. 110, U of Penn, Inst for Law & Econ Research Paper No. 05-09
Number of pages: 14 Posted: 08 Mar 2005 Last Revised: 15 Dec 2021
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 520 (93,995)
Citation 9

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Environmental management, environmental law and policy, Business and Government Policy, Environment and Natural Resources, Law and Legal Institutions, Regulation

33.

Algorithm vs. Algorithm

Duke Law Journal, Vol. 72, p. 1281, 2022, U of Penn Law School, Public Law Research Paper No. 22-11
Number of pages: 61 Posted: 08 Feb 2022 Last Revised: 11 Mar 2022
Cary Coglianese and Alicia Lai
University of Pennsylvania Carey Law School and University of Pennsylvania Law School
Downloads 514 (95,292)

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Artificial intelligence, machine learning, algorithmic decisionmaking, public administration, e-government, digital government, government regulation & benefits, cognitive limitations & biases, multicriteria decisionmaking, fairness, due process, risk management, administrative law

34.

After the Scandals: Changing Relationships in Corporate Governance

KSG Working Paper No. RWP06-024
Number of pages: 33 Posted: 29 Jun 2006
Cary Coglianese and Michael L. Michael
University of Pennsylvania Carey Law School and Harvard University - Harvard Kennedy School (HKS)
Downloads 498 (99,018)
Citation 3

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Business and Government Policy, Law and Legal Institutions, Regulation

35.

Beyond Compliance: Explaining Business Participation in Voluntary Environmental Programs

U of Penn, Inst for Law & Econ Research Paper No. 12-04, U of Penn Law School, Public Law Research Paper No. 12-06
Number of pages: 44 Posted: 07 Feb 2012
Jonathan C. Borck and Cary Coglianese
Analysis Group, Inc., Boston, Massachusetts and University of Pennsylvania Carey Law School
Downloads 484 (102,572)
Citation 6

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Environmental law and policy, environmental economics, empirical legal studies, public policy analysis, corporate social responsibility, voluntary programs, Environmental Protection Agency, Climate Leaders, Energy Star, National Environmental Performance Track, Project XL, 33/50, OSHA

36.

Bolstering Private Environmental Management

Downloads 471 (105,915)
Citation 2

Bolstering Private Environmental Management

KSG Working Paper No. 01-011
Number of pages: 12 Posted: 13 Apr 2001
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 471 (104,812)
Citation 2

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Business and Government Policy, Environment and Natural Resources, Public Management, Regulation

Bolstering Private Environmental Management

Forthcoming in Issues in Science and Technology
Posted: 06 Jun 2001
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)

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Business and Government Policy, Environment and Natural Resources, Public Management, Regulation

37.

Oversight in Hindsight: Assessing the U.S. Regulatory System in the Wake of Calamity

REGULATORY BREAKDOWN: THE CRISIS OF CONFIDENCE IN U.S. REGULATION, Cary Coglianese, ed., University of Pennsylvania Press, 2012, U of Penn, Inst for Law & Econ Research Paper No. 12-38
Number of pages: 22 Posted: 09 Dec 2012
Christopher Carrigan and Cary Coglianese
George Washington University - Trachtenberg School of Public Policy and Public Administration and University of Pennsylvania Carey Law School
Downloads 445 (113,539)

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Administrative Law, Environmental Law, Financial Law and Regulation, Regulatory Policies, Risk Management, Natural Resources, Public Safety, Regulatory Performance, Pragmatism, Law & Economics, Politics, Policy Failure, Tradeoffs, Jobs, Blame

38.

Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process

U of Penn Law School, Public Law Working Paper No. 07-04, FROM ELECTRONIC GOVERNMENT TO INFORMATION GOVERNMENT: GOVERNING IN THE 21ST CENTURY, Viktor Mayer-Schoenberger, David Lazer, eds., MIT Press, Forthcoming
Number of pages: 36 Posted: 06 Feb 2007
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 431 (117,621)

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Administrative Law, Information Technology, Regulation, Democratic Theory

39.

Administrative Law in the Automated State

Daedalus, Vol. 150, no. 3, p. 104, 2021, U of Penn Law School, Public Law Research Paper No. 21-15
Number of pages: 17 Posted: 13 Apr 2021 Last Revised: 15 Jun 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 428 (118,561)
Citation 3

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Administrative law, regulation, algorithmic governance, accuracy, autonomous systems, automation, artificial intelligence, AI, machine learning algorithms, big data, predictive analytics, decision-making, adjudicating by algorithm, rulemaking by robot, e-government, digital government, bias, empathy

40.

Policymaking under Pressure: The Perils of Incremental Responses to Climate Change

Connecticut Law Review, Vol. 40, p. 1411, 2008, U of Penn Law School, Public Law Research Paper No. 08-30
Number of pages: 17 Posted: 27 Jun 2008 Last Revised: 17 Jan 2010
Cary Coglianese and Jocelyn D'Ambrosio
University of Pennsylvania Carey Law School and University of Pennsylvania
Downloads 410 (124,633)

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Comprehensive climate change policy, incrementalism, democratic experimentalism, comprehensive policymaking, ad hoc responses to global warming, incremental policies, upstream cap and trade policy, policy failure

41.

Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19

Administrative Law Review, Vol. 73, p.1, 2021, U of Penn Law School, Public Law Research Paper No. 21-17
Number of pages: 19 Posted: 15 May 2021
Cary Coglianese and Neysun A. Mahboubi
University of Pennsylvania Carey Law School and University of Pennsylvania
Downloads 401 (127,851)
Citation 1

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Public health administration, novel coronavirus, COVID-19, SARS-COV-2 virus, comparative administrative law, infectious disease pandemic, emergency powers, governance, leadership, flexibility, adaptation, global health

42.

Antitrust by Algorithm

Stanford Computational Antitrust, Vol. 2, p. 1, 2022, U of Penn, Inst for Law & Econ Research Paper No. 21-33
Number of pages: 22 Posted: 15 Dec 2021 Last Revised: 17 Mar 2022
Cary Coglianese and Alicia Lai
University of Pennsylvania Carey Law School and University of Pennsylvania Law School
Downloads 397 (129,342)

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Antitrust law & policy, competition, computational antitrust, artificial intelligence, machine learning, algorithmic regulation, information technology, data analytics, market dynamics, dynamic pricing, digital platforms, rent-seeking

43.

Separation of Powers Legitimacy: An Empirical Inquiry into Norms About Executive Power

University of Pennsylvania Law Review, Vol. 164, P. 1869, 2016, U of Penn Law School, Public Law Research Paper No. 16-46
Number of pages: 43 Posted: 06 Jan 2017
Cary Coglianese and Krin Irvine
University of Pennsylvania Carey Law School and University of Chicago, Booth School of Business, Students
Downloads 388 (133,140)

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Constitutional law, empirical studies, public opinion, presidency, rule of law, trust, delegation, administrative agencies, rules, standards, oversight, decision-making, responsibility

44.

The Limits of Performance-Based Regulation

University of Michigan Journal of Law Reform, Vol. 50, P. 525, 2017, U of Penn, Inst for Law & Econ Research Paper No. 17-18
Number of pages: 40 Posted: 08 Aug 2017
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 385 (133,935)
Citation 2

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Administrative Law, Federal Government Regulation, Law & Economics, Business & Government Policy, Public Policy Analysis, Environment & Natural Resources, Law & Legal Institutions, Public Management, Performance Standards, Regulatory Design & Enforcement, Regulatory Agencies, Instrument Choice

45.

Bounded Evaluation: Cognition, Incoherence, and Regulatory Policy

Stanford Law Review, Vol. 54, pp. 1217, 2002, KSG Working Paper Series RWP 02-040
Number of pages: 22 Posted: 07 Oct 2002 Last Revised: 12 Jun 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 372 (139,126)
Citation 3

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Regulatory Policy, Penalties, Judgment

46.

The Emptiness of Decisional Limits: Reconceiving Presidential Control of the Administrative State

Administrative Law Review, Vol. 69, P. 43, 2017, U of Penn Law School, Public Law Research Paper No. 17-41
Number of pages: 41 Posted: 22 Sep 2017
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 365 (142,048)

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Administrative agencies, constitutional law, executive branch, presidential authority, delegation, Take Care clause, regulatory decisions, oversight, decisionmaking, unitary executive, limits on power, rule of law, separation of powers

47.

Optimizing Government for an Optimizing Economy

New Entrepreneurial Growth Agenda (Dane Stangler ed., Ewing Marion Kauffman Foundation), 2016, U of Penn, Inst for Law & Econ Research Paper No. 16-13
Number of pages: 11 Posted: 03 Jun 2016
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 353 (147,337)

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Administrative Law, Law and Economics, Public Administration, Entrepreneurship, Innovation, Technology, Sharing Economy, Public Employees, Government Staff, Computer Infrastructure, Data Collection and Maintenance, Analytics, Machine Learning

48.

Dimensions of Delegation

167 U. Pa. L. Rev. 1849 (2019), U of Penn Law School, Public Law Research Paper No. 19-42, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-01
Number of pages: 43 Posted: 20 Dec 2019 Last Revised: 09 Apr 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 348 (149,634)

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administrative law, constitutional law, legislative power, delegation, nondelegation doctrine, congressional grants of rulemaking authority, regulatory decisionmaking, agency discretion, executive action, separation of powers, Supreme Court, judicial analysis, spatial mapping

49.

Engaging Business in the Regulation of Nanotechnology

GOVERNING UNCERTAINTY: ENVIRONMENT REGULATION IN THE AGE OF NANOTECHNOLOGY, Christopher J. Bosso, ed., Resources for the Future Press, 2010, U of Penn, Inst for Law & Econ Research Paper No. 12-07, U of Penn Law School, Public Law Research Paper No. 12-12
Number of pages: 46 Posted: 13 Feb 2012
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 310 (169,327)
Citation 1

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nanotechnology, regulation, administrative law, government, rulemaking, self-regulation, voluntary programs

50.

The Challenge of Regulatory Excellence

In Achieving Regulatory Excellence (Cary Coglianese, ed., Brookings Institution Press) (2016), U of Penn Law School, Public Law Research Paper No. 20-19
Number of pages: 17 Posted: 02 Jul 2020 Last Revised: 13 Jul 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 307 (171,016)
Citation 1

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Administrative law, regulation, regulatory excellence, quality management, regulatory performance, public value, problem-solving, human capital, governmental improvement, public policy and administration

51.

Evaluating the Social Effects of Environmental Leadership Programs

Environmental Law Reporter, Vol. 38, p. 10697, October 2008, U of Penn Law School, Public Law Research Paper No. 08-45
Number of pages: 6 Posted: 16 Nov 2008 Last Revised: 15 Dec 2021
Jonathan C. Borck, Cary Coglianese and Jennifer Nash
Analysis Group, Inc., Boston, Massachusetts, University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 305 (172,192)

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Administrative law, regulatory agencies, state and federal regulation, regulatory policy making, voluntary environmental leadership programs, business responses to regulation, innovative models of regulation, self-regulation, social effects of voluntary environmental initiatives, empirical research

52.

Contracting for Algorithmic Accountability

Administrative Law Review Accord, vol. 6, p. 175, 2021, U of Penn Law School, Public Law Research Paper No. 21-20
Number of pages: 27 Posted: 26 May 2021
Cary Coglianese and Erik Lampmann
University of Pennsylvania Carey Law School and University of Pennsylvania Law School
Downloads 302 (173,946)
Citation 2

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Artificial intelligence, machine learning, algorithmic decisionmaking, public administration, government contracts, procurement, trade secrets, proprietary information, data privacy, security, transparency

53.

Performance Track's Postmortem: Lessons from the Rise and Fall of EPA's 'Flagship' Voluntary Program

Harvard Environmental Law Review, Vol. 38, Pg. 1, 2014, U of Penn, Inst for Law & Econ Research Paper No. 14-18
Number of pages: 87 Posted: 25 Apr 2014 Last Revised: 22 May 2014
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 302 (173,946)
Citation 1

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Environmental law and policy, environmental economics, empirical legal studies, public policy analysis, corporate social responsibility, voluntary programs, OSHA, EPA, Environmental Protection Agency, Climate Leaders, Energy Star, National Environmental Performance Track, substitutes for regulation

54.

The Managerial Turn in Environmental Policy

NYU Environmental Law Journal, Vol. 17, p. 54, 2008, U of Penn Law School, Public Law Research Paper No. 09-12, Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper
Number of pages: 22 Posted: 29 Mar 2009 Last Revised: 06 Feb 2012
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 294 (178,981)
Citation 2

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environmental law, environmental management, IS0 14001, business and the environment, regulatory reinvention, next generation environmental policy, environmental policy innovation, self-regulation, management-based regulation

55.

Government Clubs: Theory and Evidence from Voluntary Environmental Programs

VOLUNTARY PROGRAMS: A CLUB THEORY APPROACH, Matthew Potoski, Aseem Prakash, eds., Cambridge: MIT Press, Forthcoming , U of Penn Law School, Public Law Research Paper No. 08-49
Number of pages: 47 Posted: 07 Dec 2008
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 294 (178,981)
Citation 3

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environmental leadership programs, innovative models of regulation, self-regulation, green clubs, political economy of regulation, Project XL, 33/50 Program, Performance Track, Environmental Protection Agency, Regulatory agencies, regulatory policy making, next generation environmental policy

56.

Constructing the License to Operate: Internal Factors and Their Influence on Corporate Environmental Decisions

U of Penn Law School, Public Law Working Paper No. 06-33
Number of pages: 53 Posted: 22 Aug 2006
Jennifer Howard‐Grenville, Jennifer Nash and Cary Coglianese
University of Oregon - Charles H. Lundquist School of Business, Harvard University - Business School (HBS) and University of Pennsylvania Carey Law School
Downloads 292 (180,233)
Citation 17

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administrative law, environmental law, organizations, voluntary programs, environmental practices, license, internal factors, managerial incentives, organizational culture, self-monitoring, attitudes, decisions

57.

Enhancing Public Access to Online Rulemaking Information

Michigan Journal of Environmental and Administrative Law, Vol. 2, p. 1, 2012, U of Penn Law School, Public Law Research Paper No. 11-32
Number of pages: 67 Posted: 18 Aug 2011 Last Revised: 14 Jan 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 283 (186,116)
Citation 6

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administrative law, federal rules and regulations, promulgation of new rules, proposed rules, electronic notice and opportunity to comment, agency practices and innovations, democratic principles of web design, e-rulemaking

58.

Environmental Soft Law as a Governance Strategy

Jurimetrics, Vol. 61, p. 19, 2020, U of Penn Law School, Public Law Research Paper No. 21-05
Number of pages: 34 Posted: 01 Feb 2021 Last Revised: 16 Sep 2021
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 279 (188,853)
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Environmental policy, sustainability, voluntary regulation, standard-setting organizations, greenwashing, performance measurement, International Organization for Standardization, Forest Stewardship Council, Sustainable Forestry Initiative, Leadership in Energy and Environmental Design, LEED

59.

The EPA's Risky Reasoning

KSG Working Paper No. RWP04-046
Number of pages: 8 Posted: 25 Jul 2004 Last Revised: 15 Dec 2017
Cary Coglianese and Gary E. Marchant
University of Pennsylvania Carey Law School and Arizona State University - College of Law
Downloads 276 (190,930)

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Environmental Protection Agency, air quality, air quality standards, EPA, regulation, Clean Air Act, public health, pollution, National Ambient Air Quality Standards, environmental regulation, administrative law, judicial review

60.

The Deregulation Deception

U of Penn Law School, Public Law Research Paper No. 20-44
Number of pages: 62 Posted: 04 Nov 2020 Last Revised: 21 Jun 2021
Cary Coglianese, Natasha Sarin and Stuart Shapiro
University of Pennsylvania Carey Law School, Yale University Law School and Yale School of Management and Rutgers, The State University of New Jersey - Edward J. Bloustein School of Planning and Public Policy
Downloads 273 (193,119)

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Administrative law, government regulation, deregulation, Trump administration, empirical legal studies, economic growth, politics, regulatory process, Code of Federal Regulations, CFR, rule making, public policy, benefit-cost analysis, law and economics

61.

Presidential Control of Administrative Agencies: A Debate Over Law or Politics?

University of Pennsylvania Journal of Constitutional Law, Vol. 12, p. 637, 2010, U of Penn Law School, Public Law Research Paper No. 12-07
Number of pages: 14 Posted: 13 Feb 2012
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 271 (194,533)
Citation 1

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Administrative law, unitary executive, constitutional law, independent agencies, presidential power, politics, public policy, directives, oversight

62.

Environmental Leadership Programs: Toward an Empirical Assessment of Their Performance

Ecology Law Quarterly, Vol. 35, p. 771, 2008, U of Penn Law School, Public Law Research Paper No. 08-46
Number of pages: 64 Posted: 25 Nov 2008 Last Revised: 10 Jan 2010
Jonathan C. Borck, Cary Coglianese and Jennifer Nash
Analysis Group, Inc., Boston, Massachusetts, University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 265 (198,969)

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Administrative law, regulatory agencies, state and federal regulation, regulatory policy making, voluntary environmental leadership programs, business responses to regulation, innovative models of regulation, self-regulation, evaluation of social effects of voluntary environmental initiatives

63.

Debate: Collaborative Environmental Law: Pro and Con

University of Pennsylvania Law Review PENNumbra, Vol. 156, p. 289, 2007 , U of Penn Law School, Public Law Research Paper No. 08-04
Number of pages: 24 Posted: 17 Jan 2008
Eric W. Orts and Cary Coglianese
University of Pennsylvania - Legal Studies Department and University of Pennsylvania Carey Law School
Downloads 265 (198,969)
Citation 3

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Environmental Law, Politics, Law & Society, collaborative public policy decision making, centralized environmental lawmaking, environment, decision-making, incommensurable values, incommensurability, collaboration, consensus-building, tractability

64.

Globalization and the Design of International Institutions

In Governance in a Globalizing World (Joseph S. Nye, Jr. & John D. Donohue eds., Brookings 2000).
Number of pages: 27 Posted: 22 May 2015
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 260 (202,704)
Citation 1

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International regulation, institutional form, coordination, social norms, standards, treaties, non-state action, internal control, mutual recognition, consensual rules, delegation, withdrawal, free rider, collective action problems, harmonization, principal-agent, legitimacy

65.

Enhancing Public Access to Online Rulemaking Information

Michigan Journal of Environmental & Administrative Law, Vol. 2, p. 1, 2012, U of Penn Law School, Public Law Research Paper No. 13-03
Number of pages: 67 Posted: 13 Feb 2013
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 259 (203,536)

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administrative law, federal rules and regulations, promulgation of new rules, proposed rules, electronic notice and opportunity to comment, agency practices and innovations, democratic principles of web design, e-rulemaking, social media, information technology

66.

Building Sector-Based Consensus: A Review of the Epa's Common Sense Initiative

KSG Research Paper Series No. RWP03-037
Number of pages: 22 Posted: 18 Dec 2003
Cary Coglianese and Laurie K. Allen
University of Pennsylvania Carey Law School and National Oceanic & Atmospheric Administration (NOAA)
Downloads 257 (205,120)
Citation 10

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Business and government policy, environment and natural resources, law and legal institutions, leadership and conflict management, regulation

67.

Motivating Without Mandates: The Role of Voluntary Programs in Environmental Governance

In Decision Making in Environmental Law (Lee Paddock, Robert Glicksman, & Nicholas S. Bryner eds., Elgar 2016 Forthcoming), U of Penn, Inst for Law & Econ Research Paper No. 16-14
Number of pages: 20 Posted: 08 Jun 2016
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 256 (205,923)
Citation 1

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Environmental law and policy, voluntary environmental programs, public policy analysis, corporate social responsibility, innovation, incentives, ISO 14001, self-regulation, private regulation, substitutes for regulation, evaluation

68.

Administrative Law: Governing Economic and Social Governance

U of Penn Law School, Public Law Research Paper No. 22-05, In Jonathan H. Hamilton, et al., eds., Oxford Research Encyclopedia of Economics and Finance (forthcoming)
Number of pages: 23 Posted: 11 Jan 2022 Last Revised: 28 Jan 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 247 (213,274)

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Public Administration; Agency Independence; Administrative Procedure; Regulation; Rulemaking; Adjudication; Judicial Review; Governance

69.

Improving the Affirmative Disclosure of Agency Legal Materials

Ohio State Legal Studies Research Paper No. 760, Michigan Journal of Environmental & Administrative Law, Forthcoming, U of Penn Law School, Public Law Research Paper No. 23-12, Cardozo Legal Studies Research Paper No. 702, Rutgers Law School Research Paper, San Diego Legal Studies Paper No. 23-029
Number of pages: 152 Posted: 09 Mar 2023 Last Revised: 17 Sep 2023
Bernard W. Bell, Cary Coglianese, Michael Herz, Margaret B. Kwoka and Orly Lobel
Rutgers Law School - Newark, University of Pennsylvania Carey Law School, Yeshiva University - Benjamin N. Cardozo School of Law, The Ohio State University Moritz College of Law and University of San Diego School of Law
Downloads 246 (214,124)

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Administrative law, government regulation, rulemaking, public records, disclosure, transparency, availability, accountability, affirmative disclosure, Freedom of Information Act, FOIA

70.

First Generation E-Rulemaking: An Assessment of Regulatory Agency Websites

U of Penn Law School, Public Law Research Paper No. 07-15
Number of pages: 8 Posted: 15 Apr 2007
Stuart Shapiro and Cary Coglianese
Rutgers, The State University of New Jersey - Edward J. Bloustein School of Planning and Public Policy and University of Pennsylvania Carey Law School
Downloads 239 (220,202)
Citation 2

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e-rulemaking, websites, regulation.

71.

Standards and the Law

Standardization: Journal of Research and Innovation, Vol. 2, no. 2, p. 15, 2023, U of Penn Law School, Public Law Research Paper No. 23-18
Number of pages: 9 Posted: 19 May 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 233 (225,770)

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governance roles, legal system, standards, laws, binding law, product liability, patent law, contracts, administrative law, international trade, criminal law, legal professionals, legal education, FRAND

72.

Deploying Machine Learning for a Sustainable Future

U of Penn Law School, Public Law Research Paper No. 20-17
Number of pages: 12 Posted: 01 Jun 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 233 (225,770)

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Environmental law & policy, regulation, sustainability, information processing, machine learning, artificial intelligence, algorithms, risk assessment, public administration, algorithmic decision making, climate change

73.

Law as Scapegoat

U of Penn Law School, Public Law Research Paper No. 20-24
Number of pages: 26 Posted: 07 Aug 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 232 (226,756)
Citation 2

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Law & politics, public opinion, political movements, populism, nationalism, authoritarianism, environmental & energy regulatory policy, Brexit, scapegoating, othering, public trust & confidence in government, comparative law and politics

74.

Optimizing Regulation for an Optimizing Economy

University of Pennsylvania Journal of Law & Public Affairs, Vol. 4, p. 1, (2018)., U of Penn, Inst for Law & Econ Research Paper No. 18-35
Number of pages: 14 Posted: 12 Dec 2018
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 232 (226,756)
Citation 3

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Administrative Law, Law and Economics, Public Administration, Regulatory Management, Innovation, Sharing Economy, Information Technology, Risk, Data Collection, Predictive Analytics, Machine Learning Algorithms, Artificial Intelligence

75.

From Negative to Positive Algorithm Rights

30 Wm. & Mary Bill Rts. J. 883 (2022), U of Penn Law School, Public Law Research Paper No. 22-42
Number of pages: 41 Posted: 22 Sep 2022 Last Revised: 01 Feb 2023
Cary Coglianese and Kat Hefter
University of Pennsylvania Carey Law School and University of Pennsylvania Carey Law School - Student/Alumni/Adjunct
Downloads 228 (230,525)

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Public administration, artificial intelligence, machine learning, predictive analytics, algorithmic regulation, information technology, public administration, government regulation, criminal justice, law enforcement, risk assessment, public opinion, DNA analysis, constitutional and statutory rights

76.

Improving Regulatory Analysis at Independent Agencies

American University Law Review, Vol. 67, p. 733, 2018, U of Penn, Inst for Law & Econ Research Paper No. 17-38
Number of pages: 35 Posted: 20 Sep 2017 Last Revised: 16 Oct 2019
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 204 (255,661)
Citation 4

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Administrative law, government regulation, rulemaking, Paperwork Reduction Act, PRA, agency independence, retrospective review, regulatory analysis, benefit-cost analysis, executive orders, judicial review

77.

Building Better Compliance

U of Penn Law School, Public Law Research Paper No. 22-38, Forthcoming, 100 Tex. L. Rev. Online 192 (2022)
Number of pages: 24 Posted: 16 Aug 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 202 (257,935)

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Administrative law, government regulation, regulatory compliance, rulemaking, enforcement, public administration, policy design, evidence-based decision making, data analysis, empirical studies, behavioral analysis

78.

The Bounds of Executive Discretion in the Regulatory State

University of Pennsylvania Law Review, Vol. 164, Pg. 1587, 2016, U of Penn Law School, Public Law Research Paper No. 16-47
Number of pages: 21 Posted: 07 Jan 2017
Cary Coglianese and Christopher S. Yoo
University of Pennsylvania Carey Law School and University of Pennsylvania Carey Law School
Downloads 202 (257,935)
Citation 1

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Administrative law, constitutional law, separation of powers, executive power, federal courts, Heckler v. Chaney, Presidency, executive branch, POTUS, President of the United States, executive discretion, agency enforcement discretion

79.

Unifying Rule-Making Information: Recommendations for the New Federal Docket Management System

Administrative Law Review, Vol. 57, p. 621, 2005
Number of pages: 26 Posted: 04 Jan 2005 Last Revised: 13 Jul 2014
Cary Coglianese, Stuart Shapiro and Steven J. Balla
University of Pennsylvania Carey Law School, Rutgers, The State University of New Jersey - Edward J. Bloustein School of Planning and Public Policy and George Washington University - Department of Political Science
Downloads 202 (257,935)

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Regulation, Rulemaking, Information Technology

80.

Administrative Law: The U.S. and Beyond

International Encyclopedia of Social & Behavioral Sciences (James D. Wright ed., 2d ed. 2015)., U of Penn Law School, Public Law Research Paper No. 16-20
Number of pages: 14 Posted: 06 Aug 2016
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 200 (260,269)

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Administrative agencies, administrative process, benefit-cost analysis, courts, delegation, democracy, governance, government, judicial review, oversight, procedure, regulation, regulatory impact analysis

81.

The Law and Economics of Risk Regulation

The Law and Economics of Risk Regulation, in Wiley Encyclopedia of Operations Research and Management Science (James J. Cochran ed.) (Forthcoming), U of Penn, Inst for Law & Econ Research Paper No. 20-18
Number of pages: 27 Posted: 12 Mar 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 199 (261,485)

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Risk regulation, law and economics, regulatory instrument choice, benefit-cost analysis

82.

Agenda-Setting in the Regulatory State: Theory and Evidence

Administrative Law Review, Vol. 68, Pg. 865, 2016, U of Penn Law School, Public Law Research Paper No. 16-48
Number of pages: 27 Posted: 01 Dec 2016
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 193 (268,744)

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Administrative law, regulation, bureaucracy, agenda-setting, regulatory process, government agencies, Congress, federal courts, White House, interest groups, American politics, public policy, research challenges, reform, Penn Program on Regulation

83.

Assessing Automated Administration

U of Penn Law School, Public Law Research Paper No. 22-28, In Oxford Handbook on AI Governance (Justin Bullock et al. eds., forthcoming)
Number of pages: 22 Posted: 15 Apr 2022
Cary Coglianese and Alicia Lai
University of Pennsylvania Carey Law School and University of Pennsylvania Law School
Downloads 189 (275,167)

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autonomous systems, automation, artificial intelligence, AI, information technology, e-government, digital government, machine learning, constitutional & administrative law, algorithmic governance, big data

84.

The Law of the Test: Performance-Based Regulation and Diesel Emissions Control

Yale Journal on Regulation, Vol. 34, P. 33, 2017, U of Penn, Inst for Law & Econ Research Paper No. 16-33
Number of pages: 58 Posted: 23 Dec 2016 Last Revised: 27 Apr 2017
Cary Coglianese and Jennifer Nash
University of Pennsylvania Carey Law School and Harvard University - Business School (HBS)
Downloads 189 (273,873)
Citation 5

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Administrative law, environmental law and policy, federal government regulation, public policy analysis, regulatory design, performance-based regulation, regulatory standards and enforcement, regulatory agencies, business and government policy, law and legal institutions, empirical research

85.

Moving Toward Personalized Law

University of Chicago Law Review Online, Forthcoming, U of Penn Law School, Public Law Research Paper No. 22-22
Number of pages: 14 Posted: 08 Mar 2022 Last Revised: 17 Mar 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 188 (275,167)

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Administrative law, rule-based governance, individual determinations, machine learning, algorithmic decisionmaking, public administration, individualization, customization, goal-based regulation, artificial intelligence, digital government, performance standards, law and technology, computers

86.

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform

Administrative Law Review Accord, Vol. 3, P. 43, 2017, U of Penn Law School, Public Law Research Paper No. 17-51
Number of pages: 15 Posted: 29 Nov 2017 Last Revised: 02 Jan 2018
Cary Coglianese and Gabriel Scheffler
University of Pennsylvania Carey Law School and University of Miami School of Law
Downloads 184 (280,322)

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Administrative law, regulation, rulemaking, oversight, accountability, legislation, delegation, separation of powers, democracy, deliberation, REINS Act, 115th Congress, Affordable Care Act, ACA, repeal and replace, health law, Congressional Review Act

87.

Is Government Really Broken?

Journal of Law and Public Affairs, Vol. 1, p. 65, 2016, U of Penn Law School, Public Law Research Paper No. 16-42
Number of pages: 26 Posted: 16 Nov 2016 Last Revised: 29 Nov 2018
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 180 (285,807)
Citation 1

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U.S. government, performance, public administration, democracy, law and society, politics, economy, trust, political gridlock, ideological polarization

88.

Managing the Performance of Regulatory Agencies

U of Penn Law School, Public Law Research Paper No. 22-30, In HANDBOOK ON REGULATORY AUTHORITIES (Martino Maggetti, Fabrizio Di Mascio & Alessandro Natalini eds., Elgar forthcoming)
Number of pages: 25 Posted: 29 Apr 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 173 (296,041)

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Regulation, Regulatory management, regulatory analysis, instrument design, regulatory enforcement, evaluation and retrospective review, regulatory excellence, public administration, bureaucracy, public management

89.

Management-Based Regulation

In Policy Instruments in Environmental Law (Kenneth R. Richards and Josephine van Zeben eds.,Edward Elgar 2020). , U of Penn Law School, Public Law Research Paper No. 20-41
Number of pages: 17 Posted: 20 Oct 2020
Cary Coglianese and Shana Starobin
University of Pennsylvania Carey Law School and Bowdoin College
Downloads 172 (297,475)

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Management systems, meta-means regulation, flexible regulatory instruments, mandated self-regulation, process standards, risk management, administrative law, public administration, compliance

90.

Pledging, Populism, and the Paris Agreement: The Paradox of a Management-Based Approach to Global Governance

Maryland Journal of International Law, Vol. 34, p. 139, 2019, U of Penn, Inst for Law & Econ Research Paper No. 19-35
Number of pages: 42 Posted: 20 Sep 2019 Last Revised: 22 Jan 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 172 (297,475)

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Paris Climate Accords, United Nations Framework Convention on Climate Change, environmental law & policy, international agreements, global governance, meta-regulation, voluntary regulatory programs, public policy analysis, populist movements, self-regulation, pledge & review

91.

Social Science and the Analysis of Environmental Policy

U of Penn, Inst for Law & Econ Research Paper No. 20-12, Review of Policy Research (forthcoming)
Number of pages: 57 Posted: 14 Feb 2020 Last Revised: 02 Mar 2021
Cary Coglianese and Shana Starobin
University of Pennsylvania Carey Law School and Bowdoin College
Downloads 167 (304,961)

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environmental law, economics, public policy, externalities, transaction costs, public goods, commons, collective action, risk assessment, efficiency, feasibility, fairness, equity, liability, means-based, performance-based, market-based, management-based regulation, disclosure, incentives

92.

Process Choice

Regulation and Governance, Vol. 5, pp. 250, June 2011, U of Penn, Inst for Law & Econ Research Paper No. 12-05, U of Penn Law School, Public Law Research Paper No. 12-08
Number of pages: 24 Posted: 13 Feb 2012
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 164 (309,723)

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regulatory process, procedure, policymaking, litigation, settlement, instrument choice

93.

Risk and Regulatory Calibration: WTO Compliance Review of the U.S. Dolphin-Safe Tuna Labeling Regime

World Trade Review, Vol. 16, p. 327, 2017, U of Penn, Inst for Law & Econ Research Paper No. 16-31, Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2016/66
Number of pages: 22 Posted: 02 Dec 2016 Last Revised: 28 Apr 2018
Cary Coglianese and Andre Sapir
University of Pennsylvania Carey Law School and Université Libre de Bruxelles (ULB) - European Center for Advanced Research in Economics and Statistics (ECARES)
Downloads 160 (316,242)
Citation 1

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WTO, TBT, regulation, risk

94.

The Semi-Autonomous Administrative State

Based on remarks delivered on a plenary panel at the 2018 Federalist Society’s National Lawyers Convention, U of Penn Law School, Public Law Research Paper No. 19-35, Panel's full transcript at: University of Dayton Law Review, Vol. 44, Pg. 319, 2019
Number of pages: 6 Posted: 16 Sep 2019 Last Revised: 17 Oct 2019
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 155 (324,881)

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administrative law, regulatory agencies, separation of powers, executive politics, bureaucracy, presidential oversight, accountability, Office of Information & Regulatory Affairs, OIRA, unfunded mandates

95.

Procurement and Artificial Intelligence

U of Penn Law School, Public Law Research Paper No. 23-33, In Handbook on Public Policy and AI (Regine Paul, Jennifer Cobbe, and Emma Carmel, eds., Edward Elgar, forthcoming)
Number of pages: 22 Posted: 04 Oct 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 154 (330,195)

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Machine learning, artificial intelligence, government procurement contracts, transparency, accountability, predictive analytics

96.

Litigating EPA Rules: A Fifty-Year Retrospective of Environmental Rulemaking in the Courts

Case Western Reserve Law Review, Vol. 70, p. 1007, 2020, U of Penn Law School, Public Law Research Paper No. 20-35, Penn State Law Research Paper No. 19-2020
Number of pages: 32 Posted: 16 Oct 2020 Last Revised: 16 Mar 2021
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 142 (348,801)

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Administrative law, environmental regulation, empirical legal studies, judicial review, litigation, Environmental Protection Agency, EPA, rule challenges, agency deference, scrutiny, Supreme Court, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

97.

Public Participation and Environmental Regulation: Continuities, Changes, and Challenges

U of Penn Law School, Public Law Research Paper No. 23-14 , Journal of Law and Public Affairs, Forthcoming
Number of pages: 16 Posted: 28 Apr 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 139 (354,656)

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Environmental policy, environmental regulation, EPA, racial equity, decision-making, climate change, public engagement, regulatory process, digital technologies, public trust, Federal Energy Regulatory Commission, democracy, governance, citizen participation, William Ruckelshaus

98.

Confronting Complexity with Regulatory Excellence: Recommendations in the Wake of the Philadelphia Refinery Explosion

U of Penn Law School, Public Law Research Paper No. 20-08
Number of pages: 7 Posted: 19 Feb 2020 Last Revised: 17 Jun 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 136 (360,722)

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regulators, regulation, government, environmental, health, safety, hazardous chemicals, high-hazard industries, market conditions, economic development patterns, redevelopment, regulated entities.

99.

Influence by Intimidation: Business Lobbying in the Regulatory Process

U of Penn Law School, Public Law Research Paper No. 20-40, Journal of Law, Economics, & Organization, Forthcoming
Number of pages: 61 Posted: 14 Oct 2020 Last Revised: 10 Feb 2022
Alex Acs and Cary Coglianese
Department of Politics, Princeton University and University of Pennsylvania Carey Law School
Downloads 134 (364,792)
Citation 1

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Political economy, administrative law, empirical legal studies, government regulation, regulatory agencies, bureaucracy, interest group influence, business lobbying, public policy, rulemaking, information, game theory, signaling, incentives, politics, power

100.

Whither the Regulatory 'War on Coal'? Scapegoats, Saviors, and Stock Market Reactions

Ecology Law Quarterly, Vol. 47, p. 1, 2020, U of Penn, Inst for Law & Econ Research Paper No. 19-40, Penn State Law Research Paper No. 20-2020
Number of pages: 72 Posted: 14 Oct 2020 Last Revised: 23 Nov 2020
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 132 (369,024)
Citation 2

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environmental law & regulation, law & economics, air pollution, coal industry, electric power industry, utility power plants, clean power plan, stock market behavior, climate change policy, political strategy, market behavior, empirical analysis

101.

Pandemic Federalism

68 Wayne L. Rev. 1 (2022), U of Penn Law School, Public Law Research Paper No. 22-33
Number of pages: 29 Posted: 18 May 2022 Last Revised: 06 Oct 2022
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 125 (384,600)

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Public health, national and state government, policy coordination, SARS-CoV-2 virus, viral outbreaks, cross-border movement, state police power, public administration, health governance

102.

What Regulators Can Learn from Global Health Governance

Global Health Governance, vol. 16, Special Symposium Issue, p. 14, 2021, U of Penn Law School, Public Law Research Paper No. 21-19
Number of pages: 21 Posted: 25 May 2021 Last Revised: 26 May 2021
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 120 (396,486)

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Global & domestic regulatory governance, comparative law & regulation, public health, COVID-19 pandemic, epidemics, externalities, coordination, cooperation, voluntary compliance, enforcement, distributive justice, equality, soft law, public participation, policymaking

103.

Regulatory Abdication in Practice

U of Penn, Inst for Law & Econ Research Paper No. 20-11
Number of pages: 10 Posted: 12 Feb 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 117 (403,820)
Citation 1

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government regulation, management-based regulation, enforced self-regulation, process regulation, law and economics, electric utility restructuring, infrastructure, reform, Australia, voluntary programs, public interest, incentives, regulatory capture

104.

Illuminating Regulatory Guidance

Michigan Journal of Environmental & Administrative Law, vol. 9, p. 243, 2020, U of Penn Law School, Public Law Research Paper No. 20-32
Number of pages: 77 Posted: 09 Sep 2020
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 106 (433,763)
Citation 1

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Administrative law, government regulation, agency management, public administration, open government, access to legal information, transparency, disclosure, e-government, digital technology, internet, non-binding regulatory guidance documents & letters

105.

Much Ado about Nothing?

Regulation, Vol. 31, No. 2, Summer 2008, U of Penn Law School, Public Law Research Paper No. 08-42
Number of pages: 4 Posted: 13 Aug 2008 Last Revised: 09 Aug 2009
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 105 (436,724)

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Cary Coglianese, federal regulations, regulation, executive order, regulatory agencies, Office of Management and Budget, regulatory procedure, regulatory review, regulatory process, administrative procedure, bureaucracy, bureaucratic behavior, regulatory behavior, rhetoric, policy

106.

Solving the Congressional Review Act’s Conundrum

Administrative Law Review, Vol. 75, p.79, 2023, U of Penn Law School, Public Law Research Paper No. 20-15
Number of pages: 26 Posted: 06 Apr 2020 Last Revised: 03 May 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 103 (442,746)

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Administrative law, statutory interpretation, legislative oversight, enabling legislation, organic statute, mandated regulation, Securities & Exchange Commission, Dodd-Frank Act, resource extraction disclosure rule, congressional nullification, agency discretion, canons of construction

107.

Thinking Ahead, Looking Back: Assessing the Value of Regulatory Impact Analysis and Procedures for Its Use

Korean Journal of Law and Legislation, Vol. 3, p. 5, 2013, U of Penn, Inst for Law & Econ Research Paper No. 18-6
Number of pages: 24 Posted: 02 Feb 2018
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 100 (451,981)
Citation 1

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Regulatory impact analysis, RIA, regulatory impact assessment, legislative impact analysis, retrospective evaluation, regulatory impact evaluation, public administration, decision making

108.

Private Standards and the Benzene Case: A Teaching Guide

Administrative Law Review, Vol. 71, Pg. 355, 2019, U of Penn, Inst for Law & Econ Research Paper No. 19-28
Number of pages: 39 Posted: 24 Jun 2019 Last Revised: 26 Jun 2019
Cary Coglianese and Gabriel Scheffler
University of Pennsylvania Carey Law School and University of Miami School of Law
Downloads 99 (454,931)

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Administrative law, private standards, voluntary standards, standard-setting, standards compliance, private regulation, private governance, incorporation by reference, regulatory history, OSHA, occupational safety & health, legal education

109.

Assessing Consensus: The Promise and Performance of Negotiated Rulemaking

Duke Law Journal, Vol. 46, Pg. 1255, 1997
Number of pages: 96 Posted: 08 May 1997 Last Revised: 27 Jun 2016
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 99 (454,931)
Citation 3

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administrative law, environmental law

110.

Teaching Voluntary Codes and Standards to Law Students

Administrative Law Review, Vol. 71, p. 307, 2019, U of Penn Law School, Public Law Research Paper No. 21-23
Number of pages: 8 Posted: 02 Sep 2021
Cary Coglianese and Caroline Raschbaum
University of Pennsylvania Carey Law School and American University - Administrative Law Review
Downloads 76 (535,546)

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Administrative law, private standards, voluntary standards, standard-setting, standards compliance, private regulation, private governance, incorporation by reference, regulatory history, legal education

111.

Moving Forward with Regulatory Lookback

Yale Journal on Regulation, Vol. 30, p. 57, 2013
Number of pages: 10 Posted: 09 Aug 2017
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 59 (611,680)
Citation 1

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Administrative law, government regulation, Obama Administration, retrospective regulatory analysis, regulatory impact analysis, RIA, benefit-cost analysis, regulatory review, program evaluation, Office of Information and Regulatory Affairs

112.

Getting the Blend Right: Public-Private Partnerships in Risk Management

In The Future of Risk Management (Howard Kunreuther, Robert J. Meyer & Erwann O. Michel-Kerjan eds., Philadelphia 2019), U of Penn Law School, Public Law Research Paper Forthcoming
Number of pages: 16 Posted: 29 Mar 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 55 (632,470)

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Risk management, public administration, government regulation, public-private partnerships, effectiveness, assessment, cooperation, compliance

113.

Private Codes and Standards

U of Penn Law School, Public Law Research Paper No. 23-34, In Encyclopedia of International Economic Law (Krista Nadakavukaren and Thomas Cottier, eds., Edward Elgar, forthcoming)
Number of pages: 6 Posted: 05 Oct 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 53 (643,393)

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Voluntary codes, technical standards, law and technology, industry codes & standards, self-regulation, interoperability, standard-setting organizations, standards development, consensus standards, conformity assessment

114.

Peer Review Comments on the Proposed Updates to OMB Circular A-4

U of Penn Law School, Public Law Research Paper No. 23-31
Number of pages: 28 Posted: 13 Sep 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 46 (690,189)

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Regulation, rulemaking, regulatory analysis, benefit-cost analysis, regulatory impact assessment, RIA, regulatory review, presidential oversight, Executive Order 12,866, OMB, Circular A-4, regulatory decision-making, government, administrative agencies, administrative law

115.

A Truly “Top Task”: Rulemaking and Its Accessibility on Agency Websites

Environmental Law Reporter, Vol. 44, No. 8, 2014
Number of pages: 7 Posted: 15 Dec 2021
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 39 (729,732)

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administrative law, agency rulemaking, accessibility

116.

Listening, Learning, and Leading: A Framework for Regulatory Excellence

Penn Program on Regulation, 2015
Number of pages: 141 Posted: 04 Oct 2023 Last Revised: 11 Oct 2023
Cary Coglianese
University of Pennsylvania Carey Law School
Downloads 14 (942,404)

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Public administration, government regulation, performance assessment, improvement, Alberta Energy Regulator, Best-in-Class Project

117.

Management-Based Oversight of the Automated State: Emerging Standards for AI Impact Assessment and Auditing in the Public Sector

U of Penn Law School, Public Law Research Paper No. 23-45, Emad Yaghmaei, et al., eds., Global Perspectives on AI Impact Assessment (Oxford University Press, forthcoming 2024)
Number of pages: 21
Cary Coglianese and Nabil Shaikh
University of Pennsylvania Carey Law School and University of Pennsylvania, University of Pennsylvania Carey Law School
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artificial intelligence, AI, algorithmic auditing, government agencies, public sector, management-based approach, AI governance, management-based standards, administrative law

118.

The Politics of Regulation: From New Institutionalism to New Governance

Annual Review of Political Science, Vol. 14, pp. 107-129, 2011
Posted: 12 May 2011
Christopher Carrigan and Cary Coglianese
George Washington University - Trachtenberg School of Public Policy and Public Administration and University of Pennsylvania Carey Law School

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119.

Voluntary Environmental Programs: Assessing Their Effectiveness

Posted: 04 Jun 2010
Jonathan C. Borck and Cary Coglianese
Analysis Group, Inc., Boston, Massachusetts and University of Pennsylvania Carey Law School

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120.

Management-Based Regulation: Prescribing Private Management to Achieve Public Goals

Posted: 04 Feb 2004
Cary Coglianese and David Lazer
University of Pennsylvania Carey Law School and Northeastern University - Department of Political Science

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Regulation, Instrument Choice, Management Systems

121.

Litigating within Relationships: Disputes and Disturbance in the Regulatory Process

in the Law and Society Review, Vol. 30, No. 4 (1996).
Posted: 25 Apr 1997
Cary Coglianese
University of Pennsylvania Carey Law School

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