Deck 9: Regulatory Administration: An Illustration of Management, Politics, and Law in the Public Sector

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Question
What are the connections between James Q. Wilson's scheme for analyzing the politics of regulation and the differences between "old style" and "new" regulation?
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Question
The case of mandatory seat belt laws is intriguing. Develop as many arguments as you can both for and against laws requiring the use of seat belts in automobiles. Consider how the law is related to social behavior.
Question
In our society, growing intolerance of risk and the diminished reliance on personal responsibility have shifted the focus of regulatory activities from surrogate market regulation toward environmental, health, and safety regulation. What problems can you foresee with this trend? What are some of the possible advantages of such a shift in focus?
Question
Deregulation of the banking and savings and loan industries had disastrous results. The cost of this burden has been borne by the average American taxpayer through higher taxes as well as exceptionally low interest rates on savings accounts and certificates of deposit. Why is government regulation of these industries so important? What kind of reforms might be effective in fostering long-term economic development at a low cost to the taxpayers?
Question
The NPM's solutions to problems in many areas involve a great deal of trust, both in public administrators and the public. NPM's recommendations for regulatory affairs policies are no exception. Assume such programs pass legal tests. How do you feel about regulatory solutions based on trust? Can regulatees, given their financial incentives to break rules, be trusted or are other market-based factors effectively preventing rule breaking? Explain.
Question
The best example of an "externality" is

A) a market failure
B) a crisis caused by the interdependence of national economies
C)unsafe working conditions
D)industrial pollution
Question
Which of the following is not primarily concerned with regulating employment relationships?

A) NLRB
B) EEOC
C)OSHA
D)all are primarily concerned
Question
Which of the following was not created to regulate a new technology?

A) the Interstate Commerce Commission (ICC)
B) the Federal Communications Commission (FCC)
C)the Nuclear Regulatory Commission (NRC)
D)all regulated new technologies
Question
The Enron debacle led to

A) tighter regulation of the natural gas industry
B) the SEC being given greater authority to regulate accounting practices
C)the DoJ invoking the Sherman Antitrust Act
D)OSHA tightening workplace ergonomic regulations
Question
The concept of the "life cycle" of regulatory agencies is most closely associated with

A) Marver Bernstein
B) James Q. Wilson
C)Woodrow Wilson
D)George Stigler
Question
Regulatory reform has strengthened the role of

A) OMB
B) EPA
C)SEC
D)None of the above
Question
Because regulation can lead to compensatory behavior, which type of analysis ought to be undertaken in addition to cost-benefit analysis?

A) cost-effectiveness analysis
B) comparative risk analysis
C)monetary policy analysis
D)legal/tort analysis
Question
Deregulating surrogate markets while strengthening antitrust regulation is thought by some to be

A) proactive
B) contradictory
C)efficient
D)dangerous
Question
According to James Q. Wilson, the Federal Trade Commission Act was an example of

A) majoritarian politics
B) interest group politics
C)client politics
D)entrepreneurial politics
Question
Which of the following is not a distinctive feature of regulatory commissions?

A) they are headed by commissioners
B) they are bipartisan
C)they are independent units within the departments
D)the commissioners have staggered terms
Question
"Red tape" in the regulatory process is most related to

A) due process
B) efforts to expedite procedures
C)providing inspectors with more discretion
D)benefit/cost analysis
Question
Drawing regulatory commissioners from the industries they regulate does not contribute to

A) "cozy" relationships between regulators and regulatees
B) representation
C)incompetence
D)conflicts of interest
Question
The development of regulatory administration is most generally related to

A) publication of The Jungle in 1905
B) the creation of the Interstate Commerce Commission (ICC) in 1887
C)the establishment of the Civil Service Commission in 1883
D)economic complexity
Question
The "regulatory ratchet" refers to

A) the harsh quality of regulation
B) regulatory red tape
C)the additive character of regulation
D)the inevitable conflicts among regulations
Question
The legal approach to regulation tends to least favor

A) conduct cases
B) structural cases
C)adjudicatory procedure
D)adversarial relationships
Question
Which of the following agencies best exemplifies surrogate market regulation?

A) the Nuclear Regulatory Commission
B) the ICC
C)the Consumer Product Safety Commission
D)the FAA
Question
Sulfanilamide is most important in the history of

A) the Securities and Exchange Commission (SEC)
B) the Occupational Safety and Health Administration (OSHA)
C)the Meat Inspection Act
D)the Food and Drug Administration (FDA)
Question
Which is not a justification for deregulation?

A) free markets can provide more benefits to the society than regulated ones
B) liability law can be used to ensure safety in many aspects of life
C)there is great potential for the private sector to engage in self-regulation
D)society can be trusted in many respects to produce socially optimal outcomes
Question
Regulatory federalism refers to

A) national regulation of state and/or local public agencies
B) judicial review of regulatory administration
C)the activity of the Federal Trade Commission
D)the Advisory Committee on Intergovernmental Relations
Question
Entrepreneurial politics is most prevalent in

A) market functioning regulation
B) surrogate market regulation
C)health and safety regulation
D)employment regulation
Question
Which of the following is used by regulatory commissions?

A) inspections
B) adjudication
C)rule-making power
D)all are used
Question
Upton Sinclair's The Jungle was a catalyst in the framing of the

A) Sherman Act
B) Pure Food and Drug Act
C)Lloyd-La Follette Act
D)Clayton Act
Question
According to James Q. Wilson, when benefits of a prospective policy are concentrated but the costs are widely distributed,

A) majoritarian politics results
B) interest group politics results
C)client politics results
D)entrepreneurial politics results
Question
George Stigler promoted an influential theory concerning

A) regulatory "capture"
B) regulatory agencies' "life cycle"
C)regulatory federalism
D)deregulation
Question
Which is not a criticism of regulation?

A) it is expensive
B) it does not provide businesses with adequate means of voicing their concerns
C)it dampens economic performance
D)regulatory commissions are sometimes staffed by incompetent administrators
Question
The capture theory of regulation was first developed by Ralph Nader.
Question
The Federal Register is a "who's who" of important government officials.
Question
The environmental impact statement was first required by the APA (1946).
Question
Regulatory administration can strengthen market mechanisms.
Question
Regulatory reform has weakened OMB.
Question
According to the chapter, the client politics model is most closely related to employment regulation.
Question
A "politics of regulation" arises partly because regulation distributes costs and benefits.
Question
Heckler v. Chaney (1985) requires judicial review of agencies' discretion.
Question
Regulatory federalism is the process of federal reliance on state agencies to carry out national missions.
Question
According to the discussion of regulatory commissions, the chief ethos of "political hacks" has favored the avoidance of making enemies.
Question
Federal regulatory activities appeared in response to the growing economic, technological, and social complexity of life.
Question
NIMBY is an agency in the EOP.
Question
Federal agencies are experimenting with electronic rule (e-rule) making because it can increase dissemination of proposals as well as increase public comment on them.
Question
The NPM emphasizes universal enforcement of regulations.
Question
Selective enforcement of laws and rules is necessarily unconstitutional.
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Deck 9: Regulatory Administration: An Illustration of Management, Politics, and Law in the Public Sector
1
What are the connections between James Q. Wilson's scheme for analyzing the politics of regulation and the differences between "old style" and "new" regulation?
Not Answered
2
The case of mandatory seat belt laws is intriguing. Develop as many arguments as you can both for and against laws requiring the use of seat belts in automobiles. Consider how the law is related to social behavior.
Not Answered
3
In our society, growing intolerance of risk and the diminished reliance on personal responsibility have shifted the focus of regulatory activities from surrogate market regulation toward environmental, health, and safety regulation. What problems can you foresee with this trend? What are some of the possible advantages of such a shift in focus?
Not Answered
4
Deregulation of the banking and savings and loan industries had disastrous results. The cost of this burden has been borne by the average American taxpayer through higher taxes as well as exceptionally low interest rates on savings accounts and certificates of deposit. Why is government regulation of these industries so important? What kind of reforms might be effective in fostering long-term economic development at a low cost to the taxpayers?
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
5
The NPM's solutions to problems in many areas involve a great deal of trust, both in public administrators and the public. NPM's recommendations for regulatory affairs policies are no exception. Assume such programs pass legal tests. How do you feel about regulatory solutions based on trust? Can regulatees, given their financial incentives to break rules, be trusted or are other market-based factors effectively preventing rule breaking? Explain.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
6
The best example of an "externality" is

A) a market failure
B) a crisis caused by the interdependence of national economies
C)unsafe working conditions
D)industrial pollution
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
7
Which of the following is not primarily concerned with regulating employment relationships?

A) NLRB
B) EEOC
C)OSHA
D)all are primarily concerned
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
8
Which of the following was not created to regulate a new technology?

A) the Interstate Commerce Commission (ICC)
B) the Federal Communications Commission (FCC)
C)the Nuclear Regulatory Commission (NRC)
D)all regulated new technologies
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
9
The Enron debacle led to

A) tighter regulation of the natural gas industry
B) the SEC being given greater authority to regulate accounting practices
C)the DoJ invoking the Sherman Antitrust Act
D)OSHA tightening workplace ergonomic regulations
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
10
The concept of the "life cycle" of regulatory agencies is most closely associated with

A) Marver Bernstein
B) James Q. Wilson
C)Woodrow Wilson
D)George Stigler
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
11
Regulatory reform has strengthened the role of

A) OMB
B) EPA
C)SEC
D)None of the above
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
12
Because regulation can lead to compensatory behavior, which type of analysis ought to be undertaken in addition to cost-benefit analysis?

A) cost-effectiveness analysis
B) comparative risk analysis
C)monetary policy analysis
D)legal/tort analysis
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
13
Deregulating surrogate markets while strengthening antitrust regulation is thought by some to be

A) proactive
B) contradictory
C)efficient
D)dangerous
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
14
According to James Q. Wilson, the Federal Trade Commission Act was an example of

A) majoritarian politics
B) interest group politics
C)client politics
D)entrepreneurial politics
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
15
Which of the following is not a distinctive feature of regulatory commissions?

A) they are headed by commissioners
B) they are bipartisan
C)they are independent units within the departments
D)the commissioners have staggered terms
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
16
"Red tape" in the regulatory process is most related to

A) due process
B) efforts to expedite procedures
C)providing inspectors with more discretion
D)benefit/cost analysis
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
17
Drawing regulatory commissioners from the industries they regulate does not contribute to

A) "cozy" relationships between regulators and regulatees
B) representation
C)incompetence
D)conflicts of interest
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
18
The development of regulatory administration is most generally related to

A) publication of The Jungle in 1905
B) the creation of the Interstate Commerce Commission (ICC) in 1887
C)the establishment of the Civil Service Commission in 1883
D)economic complexity
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
19
The "regulatory ratchet" refers to

A) the harsh quality of regulation
B) regulatory red tape
C)the additive character of regulation
D)the inevitable conflicts among regulations
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
20
The legal approach to regulation tends to least favor

A) conduct cases
B) structural cases
C)adjudicatory procedure
D)adversarial relationships
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
21
Which of the following agencies best exemplifies surrogate market regulation?

A) the Nuclear Regulatory Commission
B) the ICC
C)the Consumer Product Safety Commission
D)the FAA
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
22
Sulfanilamide is most important in the history of

A) the Securities and Exchange Commission (SEC)
B) the Occupational Safety and Health Administration (OSHA)
C)the Meat Inspection Act
D)the Food and Drug Administration (FDA)
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
23
Which is not a justification for deregulation?

A) free markets can provide more benefits to the society than regulated ones
B) liability law can be used to ensure safety in many aspects of life
C)there is great potential for the private sector to engage in self-regulation
D)society can be trusted in many respects to produce socially optimal outcomes
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
24
Regulatory federalism refers to

A) national regulation of state and/or local public agencies
B) judicial review of regulatory administration
C)the activity of the Federal Trade Commission
D)the Advisory Committee on Intergovernmental Relations
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
25
Entrepreneurial politics is most prevalent in

A) market functioning regulation
B) surrogate market regulation
C)health and safety regulation
D)employment regulation
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
26
Which of the following is used by regulatory commissions?

A) inspections
B) adjudication
C)rule-making power
D)all are used
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
27
Upton Sinclair's The Jungle was a catalyst in the framing of the

A) Sherman Act
B) Pure Food and Drug Act
C)Lloyd-La Follette Act
D)Clayton Act
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
28
According to James Q. Wilson, when benefits of a prospective policy are concentrated but the costs are widely distributed,

A) majoritarian politics results
B) interest group politics results
C)client politics results
D)entrepreneurial politics results
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
29
George Stigler promoted an influential theory concerning

A) regulatory "capture"
B) regulatory agencies' "life cycle"
C)regulatory federalism
D)deregulation
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
30
Which is not a criticism of regulation?

A) it is expensive
B) it does not provide businesses with adequate means of voicing their concerns
C)it dampens economic performance
D)regulatory commissions are sometimes staffed by incompetent administrators
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
31
The capture theory of regulation was first developed by Ralph Nader.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
32
The Federal Register is a "who's who" of important government officials.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
33
The environmental impact statement was first required by the APA (1946).
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
34
Regulatory administration can strengthen market mechanisms.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
35
Regulatory reform has weakened OMB.
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Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
36
According to the chapter, the client politics model is most closely related to employment regulation.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
37
A "politics of regulation" arises partly because regulation distributes costs and benefits.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
38
Heckler v. Chaney (1985) requires judicial review of agencies' discretion.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
39
Regulatory federalism is the process of federal reliance on state agencies to carry out national missions.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
40
According to the discussion of regulatory commissions, the chief ethos of "political hacks" has favored the avoidance of making enemies.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
41
Federal regulatory activities appeared in response to the growing economic, technological, and social complexity of life.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
42
NIMBY is an agency in the EOP.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
43
Federal agencies are experimenting with electronic rule (e-rule) making because it can increase dissemination of proposals as well as increase public comment on them.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
44
The NPM emphasizes universal enforcement of regulations.
Unlock Deck
Unlock for access to all 45 flashcards in this deck.
Unlock Deck
k this deck
45
Selective enforcement of laws and rules is necessarily unconstitutional.
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Unlock Deck
k this deck
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