Modeling Partial Agency Autonomy in Public-Health Policymaking
-
Mariano-Florentino Cuéllar
Abstract
This Article considers the conditions under which administrative agencies - particularly those with public health-related missions - may obtain partial autonomy from external interests or politicians. In the process, it critiques the proposition that administrative agencies in advanced industrialized countries such as the United States are routinely “captured” by external economic interests. Through case studies and the application of relevant theory from law and the study of political organization, the Article describes how agencies can produce a measure of autonomy by forging coalitions of stakeholders both internal and external to the agency, and considers how partial autonomy may be modeled as a strategic process involving decisions under uncertainty. The Article then investigates how American publichealth agencies such as the Food and Drug Administration, the Food Safety Inspection Service, and the Centers for Disease Control have been able to use their partial autonomy to develop significant health policy innovations. Although agencies are by no means guaranteed even a partial degree of autonomy, they are nonetheless capable of affecting their political and legal environment, with consequences not only for public-health policy but also for the legitimacy of the nation-state
© 2014 by Walter de Gruyter Berlin/Boston
Artikel in diesem Heft
- Masthead
- Introduction
- The Uneasy Case of Multiple Injurers’ Liability
- Assumption of Risk, After All
- Lapses of Attention in Medical Malpractice and Road Accidents
- Tort-Agency Partnerships in an Age of Preemption
- The Tort Entitlement to Physical Security as the Distributive Basis for Environmental, Health, and Safety Regulations
- Reg Neg Redux: The Career of a Procedural Reform
- Internality Regulation Through Public Choice
- Modeling Partial Agency Autonomy in Public-Health Policymaking
- Reexamining the Pathways to Reduction in Tobacco-Related Disease
- Competitive Third-Party Regulation: How Private Certification Can Overcome Constraints That Frustrate Government Regulation
- Outcome-Based Regulatory Strategies for Promoting Greater Patient Safety
- Whither Whistleblowing? Bounty Regimes, Regulatory Context, and the Challenge of Optimal Design
- A Sampling-Based System of Civil Liability
- Operation Arbitration: Privatizing Medical Malpractice Claims
Artikel in diesem Heft
- Masthead
- Introduction
- The Uneasy Case of Multiple Injurers’ Liability
- Assumption of Risk, After All
- Lapses of Attention in Medical Malpractice and Road Accidents
- Tort-Agency Partnerships in an Age of Preemption
- The Tort Entitlement to Physical Security as the Distributive Basis for Environmental, Health, and Safety Regulations
- Reg Neg Redux: The Career of a Procedural Reform
- Internality Regulation Through Public Choice
- Modeling Partial Agency Autonomy in Public-Health Policymaking
- Reexamining the Pathways to Reduction in Tobacco-Related Disease
- Competitive Third-Party Regulation: How Private Certification Can Overcome Constraints That Frustrate Government Regulation
- Outcome-Based Regulatory Strategies for Promoting Greater Patient Safety
- Whither Whistleblowing? Bounty Regimes, Regulatory Context, and the Challenge of Optimal Design
- A Sampling-Based System of Civil Liability
- Operation Arbitration: Privatizing Medical Malpractice Claims
