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The politics of regulatory enforcement and compliance: Theorizing and operationalizing political influences

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  • Jodi L. Short

Abstract

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in the field seems to agree, regulatory scholarship must make a more sustained and systematic effort to understand their relationship, because overlooking this connection risks missing what is actually driving regulatory outcomes. This article examines how the construct of “politics” has been conceptualized in regulatory theory and analyzes how it has been operationalized in empirical studies of regulatory enforcement and compliance outcomes. It brings together scholarship across disciplines that rarely speak but have much to say to one another on this subject in order to constitute a field around the politics of regulation. The goal is to sharpen theoretical and empirical understandings of when and how regulation works by better accounting for the role politics plays in its enforcement.

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  • Jodi L. Short, 2021. "The politics of regulatory enforcement and compliance: Theorizing and operationalizing political influences," Regulation & Governance, John Wiley & Sons, vol. 15(3), pages 653-685, July.
  • Handle: RePEc:wly:reggov:v:15:y:2021:i:3:p:653-685
    DOI: 10.1111/rego.12291
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    as
    1. Gray, Wayne B. & Shadbegian, R.J.Ronald J., 2004. "'Optimal' pollution abatement--whose benefits matter, and how much?," Journal of Environmental Economics and Management, Elsevier, vol. 47(3), pages 510-534, May.
    2. Lucas Ronconi, 2010. "Enforcement and Compliance with Labor Regulations in Argentina," ILR Review, Cornell University, ILR School, vol. 63(4), pages 719-736, July.
    3. Wood, B. Dan, 1988. "Principals, Bureaucrats, and Responsiveness in Clean Air Enforcements," American Political Science Review, Cambridge University Press, vol. 82(1), pages 213-234, March.
    4. James T. Hamilton, 1993. "Politics and Social Costs: Estimating the Impact of Collective Action on Hazardous Waste Facilities," RAND Journal of Economics, The RAND Corporation, vol. 24(1), pages 101-125, Spring.
    5. Helland, Eric, 1998. "The Revealed Preferences of State EPAs: Stringency, Enforcement, and Substitution," Journal of Environmental Economics and Management, Elsevier, vol. 35(3), pages 242-261, May.
    6. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
    7. Wayne B. Gray & Ronald J. Shadbegian, 2007. "The Environmental Performance Of Polluting Plants: A Spatial Analysis," Journal of Regional Science, Wiley Blackwell, vol. 47(1), pages 63-84, February.
    8. Berkowitz, Daniel & Pistor, Katharina & Richard, Jean-Francois, 2003. "Economic development, legality, and the transplant effect," European Economic Review, Elsevier, vol. 47(1), pages 165-195, February.
    9. Katerina Linos, 2011. "Diffusion through Democracy," American Journal of Political Science, John Wiley & Sons, vol. 55(3), pages 678-695, July.
    10. Magat, Wesley A & Viscusi, W Kip, 1990. "Effectiveness of the EPA's Regulatory Enforcement: The Case of Industrial Effluent Standards," Journal of Law and Economics, University of Chicago Press, vol. 33(2), pages 331-360, October.
    11. Deily, Mary E. & Gray, Wayne B., 1991. "Enforcement of pollution regulations in a declining industry," Journal of Environmental Economics and Management, Elsevier, vol. 21(3), pages 260-274, November.
    12. James T. Hamilton, 1995. "Testing for environmental racism: Prejudice, profits, political power?," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 14(1), pages 107-132.
    13. Richard J. Cebula & Franklin G. Mixon Jr. & Kamal P. Upadhyaya, 2014. "Public Choice and the EPA, 20 Years Later: An Exploratory Study," American Journal of Economics and Sociology, Wiley Blackwell, vol. 73(2), pages 341-352, April.
    14. Scholz, John T. & Twombly, Jim & Headrick, Barbara, 1991. "Street-Level Political Controls Over Federal Bureaucracy," American Political Science Review, Cambridge University Press, vol. 85(3), pages 829-850, September.
    15. Michael J. PIORE & Andrew SCHRANK, 2008. "Toward managed flexibility: The revival of labour inspection in the Latin world," International Labour Review, International Labour Organization, vol. 147(1), pages 1-23, March.
    16. Earnhart, Dietrich, 2004. "Regulatory factors shaping environmental performance at publicly-owned treatment plants," Journal of Environmental Economics and Management, Elsevier, vol. 48(1), pages 655-681, July.
    17. Katharina Pistor, 2000. "Patterns of legal change: shareholder and creditor rights in transition economies," Working Papers 49, European Bank for Reconstruction and Development, Office of the Chief Economist.
    18. Magali A. Delmas & Michael W. Toffel, 2008. "Organizational responses to environmental demands: opening the black box," Strategic Management Journal, Wiley Blackwell, vol. 29(10), pages 1027-1055, October.
    19. Michael W. Toffel & Jodi L. Short, 2011. "Coming Clean and Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing?," Journal of Law and Economics, University of Chicago Press, vol. 54(3), pages 609-649.
    20. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 243-277, Fall.
    21. Hood, Christopher & Rothstein, Henry & Baldwin, Robert, 2004. "The Government of Risk: Understanding Risk Regulation Regimes," OUP Catalogue, Oxford University Press, number 9780199270019, Decembrie.
    22. Ford,Cristie, 2017. "Innovation and the State," Cambridge Books, Cambridge University Press, number 9781107644892.
    23. Gray, Wayne B & Jones, Carol Adaire, 1991. "Are OSHA Health Inspections Effective? A Longitudinal Study in the Manufacturing Sector," The Review of Economics and Statistics, MIT Press, vol. 73(3), pages 504-508, August.
    24. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
    25. Lucas Ronconi, 2012. "Globalization, Domestic Institutions, and Enforcement of Labor Law: Evidence from Latin America," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 51(1), pages 89-105, January.
    26. Wayne B. Gray & John M. Mendeloff, 2005. "The Declining Effects of Osha Inspections on Manufacturing Injuries, 1979–1998," ILR Review, Cornell University, ILR School, vol. 58(4), pages 571-587, July.
    27. Scholz, John T. & Wei, Feng Heng, 1986. "Regulatory Enforcement in a Federalist System," American Political Science Review, Cambridge University Press, vol. 80(4), pages 1249-1270, December.
    28. Stafford, Sarah L., 2002. "The Effect of Punishment on Firm Compliance with Hazardous Waste Regulations," Journal of Environmental Economics and Management, Elsevier, vol. 44(2), pages 290-308, September.
    29. Alisha C. Holland, 2015. "The Distributive Politics of Enforcement," American Journal of Political Science, John Wiley & Sons, vol. 59(2), pages 357-371, February.
    30. Hutter, Bridget M. & Jones, Clive J, 2007. "From government to governance: external influences on business risk management," LSE Research Online Documents on Economics 14845, London School of Economics and Political Science, LSE Library.
    31. Shimshack, Jay P. & Ward, Michael B., 2005. "Regulator reputation, enforcement, and environmental compliance," Journal of Environmental Economics and Management, Elsevier, vol. 50(3), pages 519-540, November.
    32. Quinn, Dennis P. & Shapiro, Robert Y., 1991. "Business Political Power: The Case of Taxation," American Political Science Review, Cambridge University Press, vol. 85(3), pages 851-874, September.
    33. Ruthanne Huising & Susan S. Silbey, 2011. "Governing the gap : Forging safe science through relational regulation," Post-Print hal-02311930, HAL.
    34. Wood, B. Dan & Waterman, Richard W., 1991. "The Dynamics of Political Control of the Bureaucracy," American Political Science Review, Cambridge University Press, vol. 85(3), pages 801-828, September.
    35. Moe, Terry M., 1985. "Control and Feedback in Economic Regulation: The Case of the NLRB," American Political Science Review, Cambridge University Press, vol. 79(4), pages 1094-1116, December.
    36. Sean Farhang & Miranda Yaver, 2016. "Divided Government and the Fragmentation of American Law," American Journal of Political Science, John Wiley & Sons, vol. 60(2), pages 401-417, April.
    37. Dietrich Earnhart, 2009. "The influence of facility characteristics and permit conditions on the effectiveness of environmental regulatory deterrence," Journal of Regulatory Economics, Springer, vol. 36(3), pages 247-273, December.
    38. Carpenter, Daniel P., 1996. "Adaptive Signal Processing, Hierarchy, and Budgetary Control in Federal Regulation," American Political Science Review, Cambridge University Press, vol. 90(2), pages 283-302, June.
    39. Yanhua Bird & Jodi L. Short & Michael W. Toffel, 2019. "Coupling Labor Codes of Conduct and Supplier Labor Practices: The Role of Internal Structural Conditions," Organization Science, INFORMS, vol. 30(4), pages 847-867, July.
    40. Carlos Wing-Hung Lo & Gerald Erick Fryxell, 2005. "Governmental and Societal Support for Environmental Enforcement in China: An Empirical Study in Guangzhou," Journal of Development Studies, Taylor & Francis Journals, vol. 41(4), pages 558-588.
    41. Hamilton, James T, 1999. "Exercising Property Rights to Pollute: Do Cancer Risks and Politics Affect Plant Emission Reductions?," Journal of Risk and Uncertainty, Springer, vol. 18(2), pages 105-124, August.
    42. Sam Peltzman, 1989. "The Economic Theory of Regulation after a Decade of Deregulation," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 20(1989 Micr), pages 1-59.
    43. Wayne B. Gray, 2007. "Agency Structure and Firm Culture: OSHA, EPA, and the Steel Industry," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(3), pages 685-709, October.
    44. Roberto PIRES, 2008. "Promoting sustainable compliance: Styles of labour inspection and compliance outcomes in Brazil," International Labour Review, International Labour Organization, vol. 147(2-3), pages 199-229, June.
    45. Amengual, Matthew, 2010. "Complementary Labor Regulation: The Uncoordinated Combination of State and Private Regulators in the Dominican Republic," World Development, Elsevier, vol. 38(3), pages 405-414, March.
    46. Berliner, Daniel & Greenleaf, Anne & Lake, Milli & Noveck, Jennifer, 2015. "Building Capacity, Building Rights? State Capacity and Labor Rights in Developing Countries," World Development, Elsevier, vol. 72(C), pages 127-139.
    47. Grooms, Katherine K., 2015. "Enforcing the Clean Water Act: The effect of state-level corruption on compliance," Journal of Environmental Economics and Management, Elsevier, vol. 73(C), pages 50-78.
    48. Jay P. Shimshack, 2014. "The Economics of Environmental Monitoring and Enforcement," Annual Review of Resource Economics, Annual Reviews, vol. 6(1), pages 339-360, October.
    49. Bridget M. Hutter, 2011. "Managing Food Safety and Hygiene," Books, Edward Elgar Publishing, number 14536.
    50. Robert Innes & Arnab Mitra, 2015. "Parties, Politics, And Regulation: Evidence From Clean Air Act Enforcement," Economic Inquiry, Western Economic Association International, vol. 53(1), pages 522-539, January.
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