About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

13 Colum. J. Eur. L. 539 (2006-2007)
New Governance & Legal Regulation: Complementarity, Rivalry, and Transformation

handle is hein.journals/coljeul13 and id is 545 raw text is: NEW GOVERNANCE & LEGAL REGULATION: COMPLEMENTARITY, RIVALRY, AND TRANSFORMATION David M. Trubek* & Louise G. Trubek** New approaches to regulation have emerged to deal with inadequacies of traditional command and control systems. Such new governance mechanisms are designed to increase flexibility, improve participation, foster experimentation and deliberation, and accommodate regulation by multiple levels of government. In many cases, these mechanisms co-exist with conventional forms of regulation. As new forms of governance emerge in arenas regulated by conventional legal processes, a wide range of configurations is possible. The purpose of this Article is to provide a preliminary mapping of such relationships, using examples drawn from the European Union and the United States. When traditional law and new governance are yoked together in a hybrid form, we might speak of a real transformation in the law. In other cases, systems of law and new governance may exist in parallel but not fuse together. Where both systems co- exist but do not fuse, there are numerous possible configurations and relationships among them. One might launch the other, as when formal law is used to mandate a new governance approach. Or, they might operate independently yet both may have an effect on the same policy domain. Finally, in some areas one system may take over the field, either because new governance methods replace traditional law altogether, or because opposition to innovation halts efforts to employ new approaches. IN TRO D UCTIO N ....................................................................................................... 540 1. THE EMERGENCE OF NEW GOVERNANCE .......................................................... 542 II. V ARIETIES OF COEXISTENCE ............................................................................. 543 Ill. C OM PLEM ENTARITY ........................................................................................ 544 IV . R IV A LR Y ......................................................................................................... 54 7 A. Alternative Routes of Equal Value: The European Union's Social D ialogue ................................................................................ 547 B. New Governance as a Substitute for Regulation: Dealing with M edical Error in the United States ................................................... 547 C. Law Creates Unacceptable Standards; New Governance Is Available as a W ay to Avoid Them ................................................. 548 Voss-Bascom Professor of Law Emeritus, University of Wisconsin Law School; Senior Fellow, Center for World Affairs and the Global Economy (WAGE), University of Wisconsin. ** Clinical Professor of Law and Director of the Health Law Project, University of Wisconsin Law School.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most