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Y R A R o> B LI LO W A co L N co KI AS iC—D PUBLIC GOALS AND PRIVATE MEANS L A .... h- R O B PROFESSOR MICHAEL TREBILCOCK AND DEAN RONALD DANIELS 1997/1998 VOLUME I Faculty of Law University of Toronto These materials are not to be considered as published. They are for the sole educational use of students at the Faculty of Law, University of Toronto. ■<b w irt> 4 7i>it vj ' * . C t 4 /ol?. B*5A LA6KIN LAW UBK® N8V 1 0 ftt? FAWfin If LAW mil-MSBY Cf TIH188T8 £>OKA LASKIN LAW LIBRARY . UNIVERSITY OF TORONTO PUBLIC GOALS AND PRIVATE MEANS BY PROFESSOR MICHAEL TREBILCOCK AND DEAN RONALD DANIELS 1997/1998 VOLUME I Faculty of Law University of Toronto These materials are not to be considered as published. They are for the sole educational use of students at the Faculty of Law, University of Toronto. ' Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/publicgoalspriva01treb PUBLIC GOALS AND PRIVATE MEANS (Trebilcock and Daniels) TABLE OF CONTENTS Volume I WEEK I THE FUTURE ECONOMIC AND SOCIAL POLICY AGENDA Basic Facts on Federal Spending (Ottawa: Department of Finance, 1994).1-1 1996 Ontario Budget: Budget Papers (Ontario: Minister of Finance, 1996). .. .1-8 Maxwell, J., “The Social Role of the State in a Knowledge-Based Economy”, in P. Grady, R. Howse, J. Maxwell, Redefining Social Security (Kingston: Queen’s University School of Policy Studies 1995) pp. 1-48.1-22 WEEK II THE CALCULUS OF INSTRUMENT CHOICE Osborne, D., “Reinventing Government: Creating an Entrepreneurial Federal Establishment” in W. Marshall and M. Schram, eds., Mandate for Change (New York: Berkeley Books, 1993).II-1 Drucker, Peter F., “Really Reinventing Government”.11-14 Sawhill, Isabel V., “Distinguished Lecture on Economics in Government: The Economist v. Madmen in Authority”, (1995) 9 Journal of Economic Perspectives 3.11-25 Trebilcock, M. J., “Rethinking the Role of Government in an Era of Diminished Resources”, Center for the Study of State and Market, 1995.11-36 Hirshman, Exit. Voice and Lovaltv. (Harvard University Press).11-51 Mintzberg, Henry, “Managing Government, Governing Management”, (1996) 74 Harvard Business Rev. 75.11-180 WEEK III THE POLITICS OF INSTRUMENT CHOICE Trebilcock, M.J., and D.G. Hartle, “The Choice of Governing Instrument” in (1982) 2 International Review of Law and Economics pp. 29-46 .III-l Kelman, S., “Why Public Ideas Matter”, in R. Reich, ed., The Power of Public Idea (Cambridge, Mass.: Ballinger Pub. Co., 1988), Ch. 2, pp. 31-53.HI-17 Trebilcock, M.J., The Prospects for Reinventing Government (Ottawa: Renouf Publishing Co., 1994) pp. 1-73.III-29 Weaver, R. Kent and Rockman, Bert A., “Assessing the Effects of Institutions”, in R. Kent Weaver and Bert A. Rockman, eds., Do Institutions Matter? (Washington, D.C.: The Brookings Institution, 1993).III-66 Atkinson, Michael M., Governing Canada: Institutions and Public Policy (Toronto: Harcourt Brace & Company, 1993), pp. 1-16.III-87 WEEK IV REGULATORY REFORM Howse, Robert, “Retrenchment, Reform or Revolution? The Shift to Incentives and the Future of the Regulatory State” (1993) 31 Alberta Law Review 455 .IV-1 Howse, R., and Trebilcock, M., “The Role of the Civil Justice System in the Choice of Governing Instrument”, University of Toronto, Faculty of Law, (unpublished) (draft) 1996 .IV-30 Sunstein, Cass R., “The Cost-Benefit State”, Chicago Working Paper in Law and Economics.IV-38 Fraiberg, Jeremy D. and Trebilcock, Michael J., “A Primer on Technocratic and Democratic Tools for Regulatory Reform” (1997) (working paper).IV-82 Priest, Margot, “The Scope and Limits of Self-Regulation: Theory and Case Studies” (1997) (unpublished).IV-158 WEEK V PRIVATIZATION Megginson, W. L., Nash, R.C., and Van Randenborgh, M., “The Financial and Operating Performance of Newly Privatized Firms: An International Empirical Analysis”, (1994) 49 The Journal of Finance 403.V-l Daniels, R.J., Trebilcock, M.J., “The Future of Ontario Hydro: A Review of Structural and Regulatory Options”, in R J. Daniels, ed., Ontario Hydro atthe Millenium: has monopoly’s moment passed? (Montreal: Queen’s University Press, 1996).V-27 West, D.S., “The Privatization of Liquor Retailing in Alberta”, Universtiy of Alberta, Department of Economics, 1996 (unpublished) (draft).V-54 WEEK VI INFRASTRUCTURE, LOCAL GOVERNMENT SERVICES AND CONTRACTING OUT Daniels, R., and M.J. Trebilcock, “Private Provision of Public Infrastructure: An Organizational Analysis of the Next Privatization Frontier”, University of Toronto, Faculty of Law, 1995 (unpublished) (draft).VI-1 Kitchen, Harry, “Efficient Delivery of Local Government Services” Discussion Paper 93-15. Government and Competitiveness, (School of Policy Studies,Queen’s University).VI-28 Bruce, C.J., Ph.D., “Rethinking the Delivery of Government Services”, Department of Economics, University of Calgary, 1995, (unpublished) (draft).VI-51 Volume II WEEK VII EDUCATION West, E.G., Education and Competitiveness (Discussion Paper No. 93-02, School of Policy Studies, Queen’s University), pp. 1-61.VII-1 Hahn, Elana, “Market Mechanisms as a Means of Public Education Reform: The U.S. Experience”, (1997) (working paper).VII-9 Brenner, Reuven, “The Future of Higher Education”, School of Management, McGill University, 1994 Center for the Study of State and Market. VII-108 Economic Council of Canada, Education and Training in Canada. (Ottawa: Canada Communications Group, 1992), Ch. 2.VII-136 WEEK VIII LABOUR MARKET ADJUSTMENT ASSISTANCE POLICIES Bernstein, A., and Trebilcock, M.J., “Labour Market Training and Retraining: A Comparative Evaluation”, Faculty of Law, University of Toronto, 1996 (unpublished) (draft).VIII-1 Report: Royal Commission on the Economic Union and Development Prospects for Canada (1985) pp. 601-613, Vol. II.VIII-64 Commission of Inquiry on Unemployment Insurance (Forget Commission) (1986), pp. 119-125, 181-191.VIII-71 WEEK IX HEALTH CARE I Flood, C.M., “The Language of Health Care Reform”, 1997 (unpublished) (draft).IX-1 Menzel, Paul T., “Equality, Autonomy, and Efficiency: What Health Care System Should We Have?” (1992) 17 Journal of Medicine & Philosophy 3 .. .IX-9 “Canada Health Action: Building on the Legacy”, The Final Report of the National Forum on Health. 1997, Volume 1.IX-22 Coyte, Peter C., “Current Trends and Future Directions for the Canadian Health Care System”, 1996 (unpublished) (draft).IX-53 Evans, Robert G., Morris J. Barer and Greg L. Stoddart, “The Truth About User Fees” Policy Options, October 1993, p. 4.IX-87 WEEK X HEALTH CARE II Enthoven, Alain C., ‘The History and Principles of Managed Competition” (1993 Supp.), 12 Health Affairs 24.X-l Allen, Pauline, “Contracts in the National Health Service Internal Market” (1995), X-26 58 The Modem Law Review 321 Orentlicher, David, “Paying Physicians More To Do Less: Financial Incentives To Limit Care” (1996), 30 University of Richmond Law Review 155.X-48 Rice, Thomas, “Can Markets Give Us the Health System We Want?” (1997), 22(2) Journal of Health Politics. Policy and Law 383 .X-91 Supplementary Readings. X-135 WEEK XI SOCIAL WELFARE POLICY I Barr, Nicholas, “Economic Theory and the Welfare State: A Survey and Interpretation” (June 1992) 30 J. of Economic Literature 741, and/or The Economics of the Welfare State.XI-1 Weale, Albert, “Equality, Social Solidarity, and the Welfare State” (1990) 100 Ethics 473 .XI-56 Murray, Charles, Losing Ground: American Social Policy. 1960-1980 (New York: Basic Books, 1984).XI-65 Banting, Keith G., The Welfare State and Canadian Federalism, 2d. ed., (Kingston: McGill-Queen’s University Press, 1987).XI-72 WEEK XII SOCIAL WELFARE POLICY II Howse, Robert, “Workfare: Theory, Evidence and Policy Design”, Roundtable, University of Toronto, May 17, 1996.XII-1 Davidson, Ken, “Taking Charge of the Future: How and Why to Privatize the Canada Pension Plan” (draft) (unpublished).XII-51 Schorr, Lisabeth, “What Works: Applying What We Already Know About Successful Social Policy” (1993) 13 American Prospect 43.XII-89 Smith, Steven Rathgeb and Lipsky, Michael, Nonprofits for Hire: The Welfare State in the Age of Contracting (Cambridge, Mass.: Harvard University Press, 1993).XII-101 Haskins, Ron, “What Daycare Crisis?” (1988) 2 Regulation 13.XII-110 Courchene, Thomas J., Social Canada in the Millennium: Reform Imperatives and Restructuring Principles (Kingston: Queen’s University) pp. 317-340 XII-119 WEEK XIII WHAT MAKES POOR COUNTRIES POOR? : THE ROLE OF INSTITUTIONAL CAPITAL IN ECONOMIC GROWTH Trebilcock, M.J., “What Makes Poor Countries Poor?: The Role of Institutional Capital in Economic Development”, in Edgardo Buscaglia, William Ratliff and Robert Cooter, eds., The Law and Economics of Development (London: JAI Press Ltd., 1997).XIII-1 Olson, Jr., Mancur, “Distinguished Lecture on Economics in Government: Big Bills Left on the Sidewalk: Why Some Nations are Rich, and Others Poor”, (1996) 10(2) Journal of Economic Perspectives 3.XM-57 The State in a Changing World: The World Bank Annual Development Report 1997 (New York: Oxford University Press, 1997) pp. 1-15.XIII-36 ♦- V I .

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