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The Public Regulation of Land‐Use Decisions: Criteria for Evaluating Alternative Procedures

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  • Tom Tyler
  • David Markell

Abstract

In this article we argue for an empirical governance approach—the use of public evaluations—as one basis for deciding whether and how to regulate decisions with public consequences. We propose a conceptual framework for evaluating public acceptability, notably that public judgments should be evaluated against five criteria: overall acceptability ex ante; robustness; consensus; procedurality; and their ranking on nonfairness issues such as cost and convenience. In the article we also move beyond theory to implementation by modeling our framework to evaluate public judgments concerning acceptability in the contentious area of land‐use decisions in Florida.

Suggested Citation

  • Tom Tyler & David Markell, 2010. "The Public Regulation of Land‐Use Decisions: Criteria for Evaluating Alternative Procedures," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(3), pages 538-573, September.
    • Handle: RePEc:wly:empleg:v:7:y:2010:i:3:p:538-573
    DOI: 10.1111/j.1740-1461.2010.01188.x
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    References listed on IDEAS

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    1. Hank C. Jenkins‐Smith & Kerry G. Herron, 2005. "United States Public Response to Terrorism: Fault Lines or Bedrock?1," Review of Policy Research, Policy Studies Organization, vol. 22(5), pages 599-623, September.
    2. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    3. Tyler Tom, 2008. "Psychology and Institutional Design," Review of Law & Economics, De Gruyter, vol. 4(3), pages 801-887, December.
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