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

Law & Society Review, Vol. 37, p. 691, 2003

KSG Working Paper Series RWP01-047

39 Pages Posted: 25 Feb 2002 Last revised: 12 Feb 2012

Cary Coglianese

University of Pennsylvania Law School

David Lazer

Northeastern University - Department of Political Science; Harvard University - Harvard Kennedy School (HKS)

Date Written: 2004

Abstract

We examine a rapidly emerging regulatory approach that we label management-based regulation. Management-based regulation shifts the locus of policy discretion from the government regulator to the regulated entity. Government directs private firms to incorporate public goals into their management practices, and provides general guidelines by which private management will be judged. We outline the conditions under which management-based regulation is likely to be an appropriate government strategy and discuss three applications of this approach.

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

Suggested Citation

Coglianese, Cary and Lazer, David, Management-Based Regulation: Using Private Management to Achieve Public Goals (2004). Law & Society Review, Vol. 37, p. 691, 2003; KSG Working Paper Series RWP01-047. Available at SSRN: https://ssrn.com/abstract=297162 or http://dx.doi.org/10.2139/ssrn.297162

Cary Coglianese (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-6867 (Phone)

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

David Lazer

Northeastern University - Department of Political Science ( email )

Boston, MA 02115
United States
617-373-2796 (Phone)
617-373-5311 (Fax)

Harvard University - Harvard Kennedy School (HKS) ( email )

79 John F. Kennedy Street
Taubman Center
Cambridge, MA 02138
United States
617-496-0102 (Phone)
617-496-1722 (Fax)

HOME PAGE: http://www.davidlazer.com

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