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LAW Law and Public Policy: Issues in Implementation

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LAW 636

Law and Public Policy: Issues in Implementation

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[ Academia ] [ Regulatory & Policy ] Employment Law: General

Why it is relevant for ...

[ Academia ] [ Regulatory & Policy ] as a Related Elective for those interested in Public Policy : Policy lawyers, in particular, need to understand how to fashion rules that can be implemented effectively. This course offers current examples from many arenas of regulation, as well as new program initiatives in social services. For example, an understanding of current market-based programs that monitor the delivery of services will be useful to lawyers interested in public-private sector partnerships to serve the public good.

General course Description:

(Same as PUBLPOL 236 and EDUC 336A) This seminar will focus on issues related to achieving successful implementation of the goals of legislation. It is widely recognized that the goals of legislation often are not realized and that the failure frequently rests in breakdowns in the implementation process by the agencies and organizations charged with implementing the legislation. In response to problems in implementation, the institutional context of public policy implementation is changing. One category of innovations, known by names such as "management-based regulation" and "evidence-based" social service delivery, gives broad discretion to street-level service providers but subjects them to intensive monitoring and disciplined performance comparison. Another category applies market concepts to regulation or social services, for example, by creating tradeable rights (e.g., pollution allowances) or vouchers (for schools, housing, or healthcare). These, and other, new approaches are affecting both the contours of public law doctrine and the nature of lawyering in the public sector. Lawyers in the public sector are increasingly drawing on skills of institutional design and monitoring of the kind associated with private sector transactional practice. The seminar will examine some of the emerging general themes of innovative policy implementation and look at a range of case studies. Topics will include the conditions under which financial and other rewards and sanctions are useful in bringing about desired behaviors, the pluses and minuses of the creation of markets as alternatives to government run programs, and efforts at improving implementation by improving management activities. Examples will be taken from both regulation and social services, and are likely to include environmental protection, education, child protective services, healthcare. food and workplace safety, nuclear power safety, and regulation of financial institutions.

Course Style: A Substantive/ Perspective course looks at law from an external or non-traditional standpoint.

Course Frequency: Offered once a year

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