Cary Coglianese

University of Pennsylvania 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

SCHOLARLY PAPERS

79

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32,069

SSRN CITATIONS
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Top 4,265

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90

CROSSREF CITATIONS

165

Scholarly Papers (79)

1.

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
University of Pennsylvania Law School, Harvard University - Harvard Kennedy School (HKS), Harvard University - John F. Kennedy School of Government and Harvard University - Harvard Kennedy School (HKS)
Downloads 2,318 (5,870)
Citation 12

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

2.

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 Law School and Independent
Downloads 1,551 (11,447)
Citation 1

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

3.

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: 32 Posted: 01 Feb 2002 Last Revised: 25 Jun 2014
Cary Coglianese
University of Pennsylvania Law School
Downloads 1,339 (14,437)
Citation 1

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

4.

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 Law School and University of California, Berkeley - Center for the Study of Law and Society
Downloads 1,259 (15,908)

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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

5.

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 Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 1,194 (17,187)
Citation 3

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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

6.

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: 32 Posted: 16 Apr 2003 Last Revised: 12 Feb 2012
Cary Coglianese, Jennifer Nash and Todd Olmstead
University of Pennsylvania Law School, Harvard University - Business School (HBS) and Yale University - School of Public Health
Downloads 1,168 (17,796)
Citation 23

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

7.

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 Law School
Downloads 1,091 (19,694)
Citation 17

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administrative law, law and social sciences, regulatory policy

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 Law School
Downloads 1,022 (21,662)
Citation 10

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

9.

Is Consensus an Appropriate Basis for Regulatory Policy?

Environmental Contracts, Comparative Approach, 2001
Number of pages: 38 Posted: 25 May 2001
Cary Coglianese
University of Pennsylvania Law School
Downloads 935 (24,688)
Citation 9

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10.

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 Law School
Downloads 926 (25,054)
Citation 3

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program evaluation, public policy, environmental policy and regulation

11.

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 Law School, Independent and Independent
Downloads 763 (32,860)

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

12.

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 Law School
Downloads 729 (34,978)
Citation 9

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

13.

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 Law School
Downloads 680 (38,417)

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

14.

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
University of Pennsylvania Law School, Harvard University - Harvard Kennedy School (HKS) and University of California, Los Angeles (UCLA) - School of Law
Downloads 670 (39,196)
Citation 14

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Regulatory Strategy, Information Asymmetry, Administrative Law

15.

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 Law School, University of Michigan School of Public Health and University of Pennsylvania - Legal Studies Department
Downloads 652 (40,684)

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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

16.

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 Law School
Downloads 651 (40,767)
Citation 2

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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

17.

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 Law School
Downloads 630 (42,606)

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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

18.

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 Law School
Downloads 621 (43,426)

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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

19.

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 Law School and Northeastern University - Department of Political Science
Downloads 606 (44,868)
Citation 18

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

20.

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 Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 563 (49,350)

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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

21.

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 Law School
Downloads 548 (51,041)

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

22.

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

New York University Environmental Law Journal, Vol. 9, No.2
Number of pages: 59 Posted: 13 Jun 2001
Cary Coglianese
University of Pennsylvania Law School
Downloads 539 (52,108)
Citation 3

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23.

Management-Based Strategies for Improving Private Sector Environmental Performance

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: 44 Posted: 08 Mar 2005
Cary Coglianese and Jennifer Nash
University of Pennsylvania Law School and Harvard University - Business School (HBS)
Downloads 484 (59,763)
Citation 4

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

24.

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 Law School
Downloads 479 (60,508)
Citation 11

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

25.

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 Law School and Arizona State University - College of Law
Downloads 465 (62,768)
Citation 4

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Risk management, administrative law, environmental regulation

26.

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 Law School and Harvard University - Harvard Kennedy School (HKS)
Downloads 455 (64,482)
Citation 1

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Business and Government Policy, Law and Legal Institutions, Regulation

27.
Downloads 426 ( 69,792)
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 Law School and Harvard University - Business School (HBS)
Downloads 426 (69,135)
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 Law School and Harvard University - Business School (HBS)

Abstract:

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

28.

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 Law School
Downloads 384 (78,830)
Citation 1

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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

29.

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 Law School
Downloads 382 (79,271)

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Administrative Law, Information Technology, Regulation, Democratic Theory

30.

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 Law School
Downloads 371 (82,098)

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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

31.

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 Law School
Downloads 371 (82,098)
Citation 2

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

32.

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 Law School
Downloads 362 (84,462)

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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

33.

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 Law School and University of Pennsylvania
Downloads 354 (86,665)

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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

34.

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: 25 Posted: 07 Oct 2002 Last Revised: 21 Mar 2012
Cary Coglianese
University of Pennsylvania Law School
Downloads 337 (91,618)
Citation 1

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Regulatory Policy, Penalties, Judgment

35.

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 Law School
Downloads 294 (106,450)

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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

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
University of Oregon - Charles H. Lundquist School of Business, Harvard University - Business School (HBS) and University of Pennsylvania Law School
Downloads 254 (123,674)
Citation 12

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

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

Law & Policy, Vol. 30, Issue 1, pp. 73-107, January 2008
Number of pages: 35 Posted: 18 Jan 2008
University of Oregon - Charles H. Lundquist School of Business, Harvard University - Business School (HBS) and University of Pennsylvania Law School
Downloads 20 (556,563)
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37.

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 Law School and Harvard University - Business School (HBS)
Downloads 266 (118,383)

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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

38.

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: 20 Posted: 16 Nov 2008
Jonathan C. Borck, Cary Coglianese and Jennifer Nash
Analysis Group, Inc., Boston, Massachusetts, University of Pennsylvania Law School and Harvard University - Business School (HBS)
Downloads 263 (119,770)

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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

39.

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 Law School and Harvard University - Business School (HBS)
Downloads 257 (122,751)

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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

40.

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 Law School
Downloads 255 (123,773)

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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

41.

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 Law School and Arizona State University - College of Law
Downloads 252 (125,215)

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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

42.

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 Law School
Downloads 250 (126,264)

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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

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 Law School and University of Chicago, Booth School of Business, Students
Downloads 248 (127,298)

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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.

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 Law School
Downloads 248 (127,298)
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

45.

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 Law School
Downloads 242 (130,505)

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

46.

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 Law School and Harvard University - Business School (HBS)
Downloads 241 (131,062)

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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

47.

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 Law School
Downloads 239 (132,117)

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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

48.

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 Law School
Downloads 233 (135,479)

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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

49.

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 Law School and National Oceanic & Atmospheric Administration (NOAA)
Downloads 221 (142,622)
Citation 7

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

50.

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 Law School
Downloads 214 (147,004)
Citation 2

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e-rulemaking, websites, regulation.

51.

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 Law School
Downloads 212 (148,379)

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

52.

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 Law School
Downloads 207 (151,735)

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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

53.

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 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 174 (177,761)
Citation 1

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Regulation, Rulemaking, Information Technology

54.

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 Law School and Harvard University - Business School (HBS)
Downloads 173 (178,658)

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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

55.

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 Walters
University of Pennsylvania Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 153 (198,401)

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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

56.

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 Law School and University of Pennsylvania Law School
Downloads 152 (199,471)

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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

57.

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 Law School
Downloads 148 (203,931)

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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

58.

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 Law School
Downloads 139 (214,621)

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

59.

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 Law School and University of Miami School of Law
Downloads 138 (215,859)

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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

60.

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 Law School
Downloads 135 (219,719)

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

61.

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 André Sapir
University of Pennsylvania Law School and Université Libre de Bruxelles (ULB) - European Center for Advanced Research in Economics and Statistics (ECARES)
Downloads 124 (234,627)
Citation 1

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WTO, TBT, regulation, risk

62.

AI in Adjudication and Administration: A Status Report on Governmental Use of Algorithmic Tools in the United States

U of Penn Law School, Public Law Research Paper No. 19-41
Number of pages: 38 Posted: 10 Dec 2019
Cary Coglianese and Lavi Ben Dor
University of Pennsylvania Law School and Penn Program on Regulation, University of Pennsylvania Law School
Downloads 123 (236,075)

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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

63.

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 Law School and Harvard University - Business School (HBS)
Downloads 123 (236,075)

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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

64.

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 Law School
Downloads 105 (264,405)

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

65.

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 Law School
Downloads 98 (277,079)

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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

66.

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 Law School
Downloads 84 (305,480)

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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

67.

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 Law School
Downloads 79 (316,990)
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

68.

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 Law School
Downloads 68 (344,901)

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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

69.

Dimensions of Delegation

167 U. Pa. L. Rev. 1849 (2019), U of Penn Law School, Public Law Research Paper No. 19-42
Number of pages: 43 Posted: 20 Dec 2019
Cary Coglianese
University of Pennsylvania Law School
Downloads 67 (347,702)

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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

70.

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 Law School
Downloads 52 (393,399)

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administrative law, environmental law

71.

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 Law School
Downloads 50 (400,227)

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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

72.

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 Law School and University of Miami School of Law
Downloads 39 (441,790)

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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

73.

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 Law School
Downloads 39 (441,790)
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

74.

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 Law School
Downloads 25 (508,616)

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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

75.

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

U of Penn, Inst for Law & Econ Research Paper No. 19-40, Ecology Law Quarterly, Forthcoming
Number of pages: 59 Posted: 10 Oct 2019
Cary Coglianese and Daniel Walters
University of Pennsylvania Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 40

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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

76.

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 Law School

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77.

Voluntary Environmental Programs: Assessing Their Effectiveness

Annual Review of Environment and Resources, Vol. 34, pp. 305-324, 2009
Posted: 04 Jun 2010
Jonathan C. Borck and Cary Coglianese
Analysis Group, Inc., Boston, Massachusetts and University of Pennsylvania Law School

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78.

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

Law and Society Review, Vol. 37, pp. 691-730, 2003
Posted: 04 Feb 2004
Cary Coglianese and David Lazer
University of Pennsylvania Law School and Northeastern University - Department of Political Science

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Regulation, Instrument Choice, Management Systems

79.

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 Law School

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