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SSRN Electronic Journal
Article . 2017 . Peer-reviewed
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Administrative Law Enforcement, Warnings, and Transparency

Authors: Delcianna Winders;

Administrative Law Enforcement, Warnings, and Transparency

Abstract

Warnings are one of the primary ways that administrative agencies enforce the law. Yet there is virtually no scholarship interrogating the role that warnings play in an agency’s arsenal. Are they effective in motivating compliance? If so, under what circumstances? Is reliance on warnings warranted at all? This Article tackles these important but overlooked questions. Economic models of public enforcement suggest that warnings have no role in motivating compliance. Published data on the effectiveness of warnings is virtually non-existent. Yet, in an apparent act of faith, administrative agencies rely heavily on warnings—often as their primary enforcement mechanism. This Article scrutinizes this use of warnings, through both a theoretical assessment and a case study of their efficacy in one particular context—the federal Animal Welfare Act (AWA). After showing that that warnings issued under the Animal Welfare Act appear to frequently fail to incentivize compliance, the Article then assesses why this might be and discusses the implications of this failing for the many administrative agencies that rely on warnings. It also makes policy recommendations for improving the efficacy of warnings, including recommendations about disclosure that are especially timely given recent moves by the federal government to delete thousands of enforcement-related records from its websites.

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    popularity
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
bronze