Designing Regulation Across Organizations: Assessing the Functions and Dimensions of Governance

15 Regulation and Governance, https://onlinelibrary.wiley.com/doi/10.1111/rego.12420 (2021)

GWU Legal Studies Research Paper No. 2021-45

GWU Law School Public Law Research Paper No. 2021-45

Posted: 13 Aug 2021 Last revised: 21 Oct 2021

See all articles by Robert L. Glicksman

Robert L. Glicksman

George Washington University - Law School

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR); Center for Progressive Reform

Date Written: July 17, 2021

Abstract

In recent years, regulation scholars and policymakers have increasingly turned their attention to the role of inter-governmental organizational design in effective governance. The existing literature on regulatory design has provided important insights into the advantages and disadvantages of alternative structural options. This article synthesizes and builds on that literature by describing a novel framework for characterizing, analyzing, and structuring authority across public institutions. Drawing on examples from a range of jurisdictions, it highlights the value of this framework in identifying the values tradeoffs that should drive policymakers' decisions to choose among competing structural alternatives. The framework is founded on two important points. First, inter-governmental allocations of authority can be structured along three different dimensions. Failing to appreciate the existence of, and differences among, these dimensions can prompt misassessments of the reasons for existing regulatory failures and selection of structural allocations that do not suit the problems intended to be addressed. Second, allocations of authority can, and in many cases should, vary for disparate governmental functions. Differential functional allocations of authority can minimize obstacles to needed structural reforms and tailor inter-governmental relations in ways that best promote chosen regulatory values, such as efficiency, effectiveness, and accountability, as well as how allocational choices may and perhaps should vary depending on the governmental function being performed. Finally, the article suggests how future regulation and governance scholarship can harness this emerging framework to help build a body of empirical evidence upon which policymakers can draw in future regulatory design endeavors.

Keywords: administrative law,public administration,institutional design,centralization,overlap,coordination,covid-19

Suggested Citation

Glicksman, Robert L. and Camacho, Alejandro E., Designing Regulation Across Organizations: Assessing the Functions and Dimensions of Governance (July 17, 2021). 15 Regulation and Governance, https://onlinelibrary.wiley.com/doi/10.1111/rego.12420 (2021), GWU Legal Studies Research Paper No. 2021-45, GWU Law School Public Law Research Paper No. 2021-45, Available at SSRN: https://ssrn.com/abstract=3888822

Robert L. Glicksman (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085

Alejandro E. Camacho

University of California, Irvine, School of Law, Center for Land, Environment, and Natural Resources (CLEANR)

401 E. Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States

Center for Progressive Reform ( email )

500 West Baltimore Street
Baltimore, MD 21201
United States

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