Regulatory Governance Course Outline Jan. 7 Introduction and Outline 1. January 14 - What is Regulation? Robert Baldwin and Martin Cave, Understanding Regulation: Theory, Strategy, and Practice (Oxford, 1999), Introduction. Doern, Hill, Prince, and Schultz, Canadian Regulatory Institutions: Converging and Colliding Regimes in Doern, Hill, Prince, and Schultz, Changing the Rules: Canadian Regulatory Regimes and Institutions (University of Toronto, 1999), p. 3. 2. January 21 Regulation and Governance James Q. Wilson, The Politics of Regulation in James Q. Wilson (ed.), The Politics of Regulation (Basic Books, 1980), p. 357. Tony Prosser, The Regulatory Enterprise: Government, Regulation, and Legitimacy (Introduction) (Oxford, 2010). Jacinct Jordanna and David Levi-Faur, The Politics of Regulation in the Age of Governance in Jacinct Jordanna and David Levi-Faur, The Politics of Regulation (Edward Elgar, 2004), p. 1.
Economic Perspectives on Regulation 3. January 28 The Normative School Alfred Kahn, The Economics of Regulation (MIT, 1998), Chapter 1 (The Rationale of Regulation and the Proper Role of Economics). Stephen Breyer, Regulation and Its Reform (Harvard, 1982), Chapter 3 (Typical Justifications of Regulation). 4. February 4 The Realist School George Stigler, The Theory of Economic Regulation (1971), Bell Journal of Economics and Management Science 3. Jose A. Gomes-Ibanez, Regulating Infrastructure (Harvard, 2003), Chapter 3 (The Behaviour of Regulatory Agencies). 5. February 11 The Deregulation Movement Steven K. Vogel, Freer Markets, More Rules: Regulatory Reform in Advanced Industrial Countries (Cornell, 1996), Chapter 1. Cass R. Sunstein, Cognition and Cost-Benefit Analysis(September 1999), University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 85
Legal Perspectives on Regulation 6. February 25 What Regulators Do Report on Decision Making at the Ontario Energy Board, September, 2005. Margot Priest, Balancing Tribunal Independence with the Need for Consistent Decision-Making: The Role of Policies, Rules, Guidelines and Persuasive Decisions Ottawa, 2006. France Houle and Lorne Sossin, Tribunals and Policy- Making: From Legitimacy to Fairness in The Canadian Institute 6 th Annual Advanced Administrative Law & Practice Conference (2006). 7. March 4 Judicial Oversight Jeff Cowan, The Standard of Review: The Common Sense Evolution? (2003), Ontario Bar Association Richard Stewart, The Reformation of American Administrative Law in Harvard Law Review (1975), p. 1667. George Vegh, Is there a Doctrine of Canadian Public Utility Law? (2007), 86 Canadian Bar Review 319. 8. March 11 Relationship with Government
Lorne Sossin, The Puzzle of Independence for Administrative Bodies, Presentation to Yale Law School, Workshop on Comparative Administrative Law, May, 2009. Richard J. Schultz, Federalism and the Regulatory Process, (1979), Institute for Research on Public Policy, Chapter One (Regulation and Regulatory Agencies). Richard J. Schultz, Still Standing: The CRTC, 1976-1996 in Doern, Hill, Prince, and Schultz, Changing the Rules: Canadian Regulatory Regimes and Institutions (University of Toronto, 1999), 29. Political Perspectives on Regulation 9. March 18 The Establishment of Regulators Fabrizio Gilardi, Institutional Change in Regulatory Policies: Regulation through Independent Agencies and the Three New Institutionalisms in Jacinct Jordanna and David Levi- Faur, The Politics of Regulation (Edward Elgar, 2004), p. 67. Hudson Janisch, In Search of the Cat s Pajamas: Regulatory Institutions and the Restructured Industry in R. Daniels (ed.) Ontario Hydro at the Millennium (McGill- Queen s University Press (1996), p. 355. 10. March 25 Expectations from Regulators
Charles F. Phillips Jr., The Regulation of Public Utilities (Public Utility Reports, 1993), Chapter 17, p. 865 (An Appraisal of Regulation). Malcolm Sparrow, The Regulatory Craft (Brookings Institution, 2000), Chapter 8, p. 109 (The Search for Results that Count). J. Stiglitz, A. Sen, J-P. Fitoussi, Report by the Commission on the Measurement of Economic Performance and Social Progress (2010). 11. April 1 Review and Conclusion