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Tel: 215.898.6867
Email: cary_coglianese@law.upenn.edu
Expertise
- Administrative Law
- Environmental Law
- Government Regulation
Bio
Cary Coglianese specializes in the study of regulation and regulatory processes, with a particular emphasis on the empirical evaluation of alternative regulatory strategies and the role of disputing, negotiation, and business-government relations in regulatory policy making.
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Cary Coglianese specializes in the study of regulation and regulatory processes, with a particular emphasis on the empirical evaluation of alternative regulatory strategies and the role of disputing, negotiation, and business-government relations in regulatory policy making. His work has appeared in, among other journals, the Administrative Law Review, Duke Law Journal, Law & Society Review, Michigan Law Review, University of Pennsylvania Law Review, and Stanford Law Review. His books include Regulating from the Inside: Can Environmental Management Systems Achieve Policy Goals?, Leveraging the Private Sector: Management-Based Strategies for Improving Environmental Performance, and Regulation and Regulatory Processes.
Prior to joining Penn Law, Coglianese spent a dozen years on the faculty at Harvard University’s John F. Kennedy School of Government, where he served as chair of the school’s Regulatory Policy Program and director of its Politics Research Group. He is the founder and co-chair of the Law & Society Association’s international collaborative research network on regulatory governance, a Council member of the American Bar Association’s Section of Administrative Law and Regulatory Practice, Vice Chair of the Innovation, Management Systems, and Trading Committee of the American Bar Association’s section on Environment, Energy, and Resources, and a Fellow of the American Bar Foundation. He has taught as a visiting professor at the Stanford and Vanderbilt law schools, and serves as a founding editor of the international, peer-reviewed journal, Regulation & Governance.
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Representative Professional Positions
Penn Law – Associate Dean (2008 -), Edward B. Shils Professor of Law (2006 -)
Penn College of Arts & Sciences – Professor of Political Science (2006 -)
Wharton School Risk Management & Decision Processes Center – Research Fellow (2006 -)
Harvard – Senior Research Fellow (2006 -)
Harvard – Associate Professor of Public Policy (1998 - 2006); Harvard – Assistant Professor of Public Policy (1994 - 1998)
Visiting – Vanderbilt, Penn Law, Stanford
Representative Publications
The Rhetoric and Reality of Regulatory Reform, 25 YALE J. ON REG. 85 (2008).
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Government Clubs: Theory and Evidence from Voluntary Environmental
Programs, in Matthew Potoski & Aseem Prakash, eds., VOLUNTARY
PROGRAMS: A CLUB THEORY APPROACH (MIT Press, forthcoming 2008) (with
Jennifer Nash).
Constructing the License to Operate: Internal Factors and their Influence on Corporate Environmental Decisions, 30 LAW & POL'Y 73 (2008) (with Jennifer A. Howard-Grenville and Jennifer Nash).
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REGULATION AND REGULATORY PROCESSES (Ashgate, 2007) (with Robert A. Kagan)
Weak Democracy, Strong Information: The Role of Information Technology
in the Rulemaking Process, in Viktor Mayer-Schoenberger & David Lazer,
eds., FROM ELECTRONIC GOVERNMENT TO INFORMATION GOVERNMENT: GOVERNING IN THE 21ST CENTURY (MIT Press, 2007).
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Business Interests and Information in Environmental Rulemaking, in BUSINESS and ENVIRONMENTAL POLICY (Michael Kraft & Sheldon Kamieniecki eds., MIT Press 2007).
Can Regulation and Governance Make a Difference?, 1 REGULATION &
GOVERNANCE 1 (2007) (with John Braithwaite and David Levi-Faur).
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Citizen Participation in Rulemaking: Past, Present, and Future, 55 DUKE L.J. 943 (2006).
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LEVERAGING THE PRIVATE SECTOR: MANAGEMENT-BASED STRATEGIES FOR IMPROVING ENVIRONMENTAL PERFORMANCE (Johns Hopkins University Press/Resources for the Future Press 2006) (with Jennifer Nash).
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Management-Based Strategies for Improving Private-Sector Environmental Performance, 36 ENVTL. L. REP.10003-10016 (2006) (with Jennifer Nash)
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The Role of Government in Corporate Governance, 1 N.Y.U. J. L. & BUS. 219-239 (2005) (with Elizabeth K. Keating, Michael L. Michael, and Thomas J. Healey) (reprinted in 5 ICAFI J. CORP. GOVERNANCE 60-73 (2006))
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Measuring Progress: Program Evaluation of Environmental Policies, 47(2) ENV'T 22-40 (2005) (with Lori Snyder Bennear)
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The Internet and Citizen Participation in Rulemaking, 1 I/S: J. L. & POL'Y FOR THE INFO. SOC'Y 33-57 (2005)
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E-Rulemaking: Information Technology and the Regulatory Process, 56 ADMIN. L. REV. 353 (2004).
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Shifting Sands: The Limits of Science in Setting Risk Standards, 152 U. PA. L. REV. 1255 (2004) (with Gary Marchant).
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Seeking Truth for Power: Informational Strategy and Regulatory Policy Making, 89 MINN. L. REV. 277-336 (2004) (with Richard Zeckhauser and Edward Parson)
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Performance-Based Regulation: Prospects and Limitations in Health, Safety, and Environmental Regulation, 55 ADMIN. L. REV. 705 (2003) (with Jennifer Nash & Todd Olmstead).
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Management-Based Regulation: Prescribing Private Management to Achieve Public Goals, 37 LAW & SOC'Y REV. 691 (2003) (with David Lazer).
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Empirical Analysis and Administrative Law, 2002 U. ILL. L. Rev. 1111 (2002).
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Bounded Evaluation: Cognition, Incoherence, and Regulatory Policy, 54 STAN. L. REV. 1217 (2002).
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Social Movements, Law, and Society: The Institutionalization of the Environmental Movement, 150 U. PA. L. REV. 85 (2001).
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Is Consensus an Appropriate Basis for Regulatory Policy?, in ENVIRONMENTAL CONTRACTS: COMPARATIVE APPROACHES TO REGULATORY INNOVATION IN THE UNITED STATES AND EUROPE 93-113 (Eric Orts & Kurt Deketelaere eds., Kluwer Law International 2001).
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REGULATING FROM THE INSIDE: CAN ENVIRONMENTAL MANAGEMENT SYSTEMS ACHIEVE POLICY GOALS? (Johns Hopkins University Press/Resources for the Future Press 2001) (with Jennifer Nash).
Assessing Consensus: The Promise and Performance of Negotiated Rulemaking, 46 DUKE L.J. 1255 (1997) (reprinted in ADMINISTRATIVE LAW: A CASEBOOK (Bernard Schwartz & Robert L. Corrada eds., Aspen Publishers, Inc. 5th ed. 2001)).
Litigating Within Relationships: Disputes and Disturbance in the Regulatory Process, 30 LAW & SOC’Y REV. 735 (1996).
For additional publications, please consult
Current & Recent Research
Current Working Papers
First Generation E-Rulemaking: An Assessment of Regulatory Agency Websites, Public Law Research Paper No. 07-15, Rutgers, The State University of New Jersey - Edward J. Bloustein School of Planning and Public Policy and University of Pennsylvania Law School Date posted to database: April 15, 2007 (with Stuart Shapiro).
Beyond Compliance: Business Decision Making and the US EPA’s Performance Track Program (with Jennifer Nash)
After the Scandals: Changing Relationships in Corporate Governance
Representative Professional Activities
Council Member – American Bar Association, Section on Administrative Law & Regulatory Practice (2007 -)
Fellow – American Bar Foundation (2006 -)
Testimony – United States House of Representatives, Committee on the Judiciary’s Subcommittee on Commercial and Administrative Law (2006)
Testimony – Massachusetts Joint Committee on Public Service (2006)
Editor – Regulation & Governance (2005 -)
Editorial Board – International Journal of Electronic Governance (2005 -)
Editorial Board – Law & Society Review (2000-2003)
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