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Cary Coglianese

Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on Regulation

Cary Coglianese

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 conflict and cooperation in business-government relations. His books include Achieving Regulatory Excellence (Brookings Institution Press, 2016); Does Regulation Kill Jobs? (University of Pennsylvania Press, 2014); Regulatory Breakdown: The Crisis of Confidence of US Regulation (University of Pennsylvania Press, 2012); Import Safety: Regulatory Governance in the Global Economy (University of Pennsylvania Press, 2009); Regulation and Regulator Processes (Ashgate, 2007); and Leveraging the Private Sector: Management-Based Strategies for Improving Environmental Performance (Routledge, 2006). Continue reading…

Expertise

  • Administrative Law
  • Government Regulation
  • Environmental Law

Books

ACHIEVING REGULATORY EXCELLENCE (ed., Brookings 2016).
[Available Here]

LISTENING, LEARNING, LEADING: A FRAMEWORK FOR REGULATORY EXCELLENCE [2015].

DOES REGULATION KILL JOBS? (Univ. of Pennsylvania Press 2013) (ed. with Adam Finkel & Chris Carrigan).
[Available Here]

REGULATORY BREAKDOWN? THE CRISIS OF CONFIDENCE IN U.S. REGULATION (University of Pennsylvania Press, 2012)
[Available Here]

IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY (Univ. of Pennsylvania Press, 2009) (with Adam Finkel & David Zaring).
[Available Here]

Articles and Book Chapters

Pledging, Populism, and the Paris Agreement: The Paradox of a Management-Based Approach to Global Governance. 34 MD. J. INT'L L. 139 (2020).

Dimensions of Delegation, 167 U. PA. L. REV. 1849 (2019).

Private Standards and the Benzene Case: A Teaching Guide, 71 ADMIN. L. REV. 355 (2019).

Transparency and Algorithmic Governance. 71 ADMIN. L. REV. 1 (2019) (with David Lehr).

Optimizing Regulation for an Optimizing Economy, 4 U. PA. J.L. & PUB. AFF. 1 (2018).

Improving Regulatory Analysis at Independent Agencies, 67 AM. U. L. REV. 733 (2018).

Chevron's Interstitial Steps, 85 GEO. WASH. L. REV. 1339 (2017).

Risk and Regulatory Calibration: WTO Compliance Review of the U.S. Dolphin-Safe Tuna Labeling Regime 16 WORLD TRADE REV. 327 (2017). (with André Sapir).

What Congress’s Repeal Efforts Can Teach Us About Regulatory Reform, 3 ADMIN. L. REV. ACCORD 43 (2017) (with Gabriel Scheffler).

The Emptiness of Decisional Limits: Reconceiving Presidential Control of the Administrative State, 69 ADMIN. L. REV. 43 (2017).

Regulating by Robot: Administrative Decision Making in the Machine-Learning Era, 105 GEO. L.J. 1147 (2017) (with David Lehr).

The Limits of Performance-Based Regulation, 50 U. MICH. J.L. REFORM 525 (2017).

The Law of the Test: Performance-Based Regulation and Diesel Emissions Control, 34 YALE J. ON REG. 33 (2017) (with Jennifer Nash).

Separation of Powers Legitimacy: An Empirical Inquiry into Norms about Executive Power, 164 U. PA. L. REV. 1869 (2016) (with Kirstin Firth).

The Bounds of Executive Discretion in the Regulatory State, 164 U. PA. L. REV. 1587 (2016) (with Christopher S. Yoo).

Motivating Without Mandates? The Role of Voluntary Programs in Environmental Governance, in DECISION MAKING IN ENVIRONMENTAL LAW (Lee Paddock, Robert Glicksman, & Nicholas S. Bryner eds., Elgar 2016) (with Jennifer Nash).

Agenda-Setting in the Regulatory State: Theory and Evidence, 68 ADMIN. L. REV. 865 (2016) (with Daniel E. Walters).

Performance Track’s Postmortem: Lessons from the Rise and Fall of EPA’s “Flagship” Voluntary Program, 38 HARV. ENVTL. L. REV. 1 (2014) (with Jennifer Nash).

The Rhetoric and Reality of Regulatory Reform, 25 YALE J. ON REG. 85 (2008).

Management-Based Regulation: Prescribing Private Management to Achieve Public Goals, 37 LAW & SOC'Y REV. 691 (2003) (with David Lazer).

More publications can be found here.

Working Papers

Deploying Machine Learning for a Sustainable Future (May 28, 2020), U of Penn Law School, Public Law Research Paper No. 20-17. (forthcoming)
[View Document]

Compliance Management Systems: Do They Make a Difference? (May 7, 2020). in CAMBRIDGE HANDBOOK OF COMPLIANCE (D. Daniel Sokol & Benjamin van Rooij eds., Cambridge University Press, forthcoming).; U of Penn, Inst for Law & Econ Research Paper No. 20-35 (with Jennifer Nash). (forthcoming)
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Solving the Congressional Review Act’s Conundrum (March 16, 2020), U of Penn Law School, Public Law Research Paper No. 20-15. (forthcoming)
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The Law and Economics of Risk Regulation, in WILEY ENCYCLOPEDIA OF OPERATIONS RESEARCH AND MANAGEMENT SCIENCE (James J. Cochran ed.) (forthcoming). (forthcoming)
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Confronting Complexity with Regulatory Excellence: Recommendations in the Wake of the Philadelphia Refinery Explosion, U of Penn Law School, Public Law Research Paper No. 20-08 (2019).
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Social Science and the Analysis of Environmental Policy (February 7, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-12 (with Shana Starobin). (forthcoming)
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Regulatory Abdication in Practice (February 7, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-11. (forthcoming)
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AI in Adjudication and Administration (February 11, 2020), U of Penn Law School, Public Law Research Paper No. 19-41; BROOK. L. REV. (forthcoming) (with Lavi Ben Dor). (forthcoming)
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Whither the Regulatory “War on Coal”? Scapegoats, Saviors, and Stock Market Reactions (October 8, 2019). U of Penn, Inst for Law & Econ Research Paper No. 19-40 (with Daniel E. Walters). (forthcoming)
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The Semi-Autonomous Administrative State (September 12, 2019), U of Penn Law School, Public Law Research Paper No. 19-35; based on remarks delivered on a plenary panel at the 2018 Federalist Society’s National Lawyers Convention. (forthcoming)
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Research Areas

  • Administrative Law
  • Conflict and Disputing
  • Government
  • Regulation
  • Regulatory Policymaking

Positions

Penn School of Arts & Sciences – Professor of Political Science (2006- )

Penn Program on Regulation – Director (2006- )

Penn Law – Deputy Dean (2009-10); Associate Dean (2008-09); Edward B. Shils Professor of Law (2006- )

Harvard – Senior Research Fellow (2006-07); Associate Professor of Public Policy (1998-2006); Assistant Professor of Public Policy (1994-98)

Visiting Professor – Vanderbilt, Penn Law, Stanford

Wharton School Risk Management & Decision Processes Center – Research Fellow (2006- )

Professional Activities

Co-Chair, Rulemaking Committee, American Bar Association’s Section of Administrative Law and Regulatory Practice, 2010-

Member, Editorial Board, Regulation & Governance, 2009-

Council Member, American Bar Association’s Section of Administrative Law and Regulatory Practice, 2007-2010

Council Member, American Bar Association’s Section of Administrative Law and Regulatory Practice, 2007-2010

Member, American Bar Association Committee on the Status & Future of Federal E-Rule-making, 2007 -2008

Testimony – Massachusetts Joint Committee on Public Service, 2006

Member, Publications Committee, Law & Society Association, 2006-

Editorial Board – International Journal of Electronic Governance, 2005 -

Editor, Regulation & Governance (international, peer-reviewed journal), 2005-2008

Courses

  • Administrative Law
  • Environmental Law
  • Policy Analysis

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