Failures In Governance

Corporate governance, the internal policies and leadership that guide the actions of corporations, played a major part in the recent global financial crisis. While much blame has been targeted at compensation arrangements that rewarded extreme risk-taking but did not punish failure, the performance of large, supposedly sophisticated institutional investors in this crisis has gone for the most part unexamined. Shareholding organizations, such as pension funds and mutual funds, hold considerable sway over the financial industry from Wall Street to the City of London. Corporate Governance Failures: The Role of Institutional Investors in the Global Financial Crisis exposes the misdeeds and lapses of these institutional investors leading up to the recent economic meltdown. In this collection of original essays, edited by pioneers in the field of fiduciary capitalism, top legal and financial practitioners and researchers discuss detrimental actions and inaction of institutional investors. Corporate Governance Failures reveals how these organizations exposed themselves and their clientele to extremely complex financial instruments, such as credit default swaps, through investments in hedge and private equity funds as well as more traditional equity investments in large financial institutions. The book's contributors critique fund executives for tolerating the "pursuit of alpha" culture that led managers to pursue risky financial strategies in hopes of outperforming the market. The volume also points out how and why institutional investors failed to effectively monitor such volatile investments, ignoring relatively well-established corporate governance principles and best practices. Along with detailed investigations of institutional investor missteps, Corporate Governance Failures offers nuanced and realistic proposals to mitigate future financial pitfalls. This volume provides fresh perspectives on ways institutional investors can best act as gatekeepers and promote responsible investment.

“How could this have happened?” The question still lingers among officials and residents of the small southern California town of Bell. Corruption is hardly an isolated challenge to the governance of America’s cities. But following decades of benign obscurity, Bell witnessed the emergence of a truly astonishing level of public wrongdoing—a level succinctly described by Los Angeles District Attorney Steve Cooley as “corruption on steroids.” Even discounting the enormous sums involved—the top administrator paid himself nearly $800,000 a year in a town with a $35,000 average income—this was no ordinary failure of governance. The picture that emerges from years of federal, state, and local investigations, trials, depositions, and media accounts is of an elaborate culture of corruption and deceit created and sustained by top city administrators, councilmembers, police officers, numerous municipal employees, and consultants. The Failure of Governance in Bell California: Big-Time Corruption in a Small Town details how Bell was rendered vulnerable to such massive malfeasance by a disengaged public, lack of established ethical norms, absence of effective checks and balances, and minimal coverage by an overextended area news media. It is a grim and nearly unbelievable story. Yet even these factors fail to fully explain how such large-scale corruption could have arisen. More specifically, how did it occur within a structure—the council-manager form of government—that had been deliberately designed to promote good governance? Why were so many officials and employees prepared to participate in or overlook the ongoing corruption? To what degree can theories of governance, such as contagion theory or the “rover bandit” theme, explain the success of such blatant wrongdoing? The Failure of Governance, by Arizona State University Professor Thom Reilly—himself former county manager of Clark County, Nevada—pursues answers to these and related questions through an analysis of municipal operations that will afford the reader deeper insight into the inner workings of city governments—corrupt and otherwise. By considering factors arising from both theory and practice, Reilly makes clear, in other words, why the sad saga of Bell, California represents both a case study and a warning.

The early 21st century has not been kind to California's reputation for good government. But the Golden State's governance flaws reflect worrisome national trends with origins in the 1970s and 1980s. Growing voter distrust with government, a demand for services but not taxes to pay for them, a sharp decline in enlightened leadership and effective civic watchdogs, and dysfunctional political institutions have all contributed to the current governance malaise. Until recently, San Diego, California—America's 8th largest city—seemed immune to such systematic governance disorders. This sunny beach town entered the 1990s proclaiming to be "America's Finest City," but in a few short years its reputation went from "Futureville" to "Enron-by-the-Sea." In this eye-opening and telling narrative, Steven P. Erie, Vladimir Kogan, and Scott A. MacKenzie mix policy analysis, political theory, and history to explore and explain the unintended but largely predictable failures of governance in San Diego. Using untapped primary sources—interviews with key decision makers and public documents—and benchmarking San Diego with other leading California cities, Paradise Plundered examines critical dimensions of San Diego's governance failure: a multi-billion dollar pension deficit; a chronic budget deficit; inadequate city services and infrastructure; grandiose planning initiatives divorced from dire fiscal realities; an insulated downtown redevelopment program plagued by poorly-crafted public-private partnerships; and, for the metropolitan region, inadequate airport and port facilities, a severe underinvestment in firefighting capacity despite destructive wildfires, and heightened Mexican border security concerns. Far from a sunny story of paradise and prosperity, this account takes stock of an important but understudied city, its failed civic leadership, and poorly performing institutions, policymaking, and planning. Though the extent of these failures may place San Diego in a league of its own, other cities are experiencing similar challenges and political changes. As such, this tale of civic woe offers valuable lessons for urban scholars, practitioners, and general readers concerned about the future of their own cities.

In Crippling Epistemologies and Governance Failures, Gilles Paquet criticizes the prevailing practices of the social sciences on the basis of their inadequate concepts of knowledge, evidence and inquiry, concepts he claims have become methodological “mental prisons”. Paquet describes the prevailing policy development process in Canada in terms of its weak information infrastructure, poor accountability, and inflexible organization design. In contrast, he suggests that social science and public policy should promote forms of “serious play” that would allow organizations to experiment with new structures. Paquet engages with numerous foundationalist programs in the social sciences in order to show their inadequacy and suggests important and unexplored directions in policy areas as diverse as education, science, health, intergovernmental and foreign policy. He closes the work with a plea for experimentalism in academic research, policy development, and organization design.

When should government intervene in market activity? When is it best to let market forces simply take their natural course? How does existing empirical evidence about government performance inform those decisions? Brookings economist Clifford Winston uses these questions to frame a frank empirical assessment of government economic intervention in Government Failure vs.

Decision-making is at the heart of governing and governance, and is a more challenging task compared to just a few decades ago as a result of increasing social complexity and globalization. In this book, B. Guy Peters and Jon Pierre propose a new framework for the comparative analysis of governance, arguing that government remains a central actor in governance. By articulating the functionalist dimension of governance they show how goal setting, resource mobilization, decision-making, implementation and feedback can be performed by a combination of different types of actors. Even so, effective governance requires a leading role for government. The framework is also applied to a taxonomy of governance arrangements and national styles of governing. Comparative Governance advances our knowledge about governance failure and how forms of governance may change. It also significantly strengthens the theory of governance, showing how governance can be studied conceptually as well as empirically.

"From healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. The most alarming consequence of ineffective policies, in addition to unrealized social goals, is the growing threat to the government's democratic legitimacy. Understanding why government fails so often--and how it might become more effective--is an urgent responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state.Schuck argues that Washington's failures are due not to episodic problems or partisan bickering, but rather to deep structural flaws that undermine every administration, Democratic and Republican. These recurrent weaknesses include unrealistic goals, perverse incentives, poor and distorted information, systemic irrationality, rigidity and lack of credibility, a mediocre bureaucracy, powerful and inescapable markets, and the inherent limits of law. To counteract each of these problems, Schuck proposes numerous achievable reforms, from avoiding moral hazard in student loan, mortgage, and other subsidy programs, to empowering consumers of public services, simplifying programs and testing them for cost-effectiveness, and increasing the use of "big data." The book also examines successful policies--including the G.I. Bill, the Voting Rights Act, the Earned Income Tax Credit, and airline deregulation--to highlight the factors that made them work.An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such disrepute and how it can do better"--

Why do some policies succeed so well while others, in the same sector or country, fail dramatically? The aim of this book is to answer this question and provide systematic research on the nature, sources and consequences of policy failure. The expert contributors analyse and evaluate the success and failure of four policy areas (Steel, Health Care, Finance, HIV and the Blood Supply) in six European countries, namely France, Germany, the Netherlands, the UK, Spain and Sweden. The book is therefore able to compare success and failure across countries as well as policy areas, enabling a test of a variety of theoretical assumptions about policy making and government.

This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

John Coffee traces the evolution of the four main gatekeeping professions: auditors, lawyers, securities analysts and credit-rating agencies, in the wake of corporate governance disasters, such as Enron and WorldCom.