Public safety in private hands: A Study of Ontario's Technical Standards and Safety Authority

Abstract: This article examines the experience of Ontario's Technical Standards and Safety Authority (tssa), a not‐for‐profit corporation to which the public‐safety regulation functions of the province's Ministry of Consumer and Commercial Relations (now the Ministry of Consumer and Business Services) were transferred in 1997. The authors place the tssa in the larger context of the restructuring of government functions and responsibilities and the transferring of these activities to non‐governmental actors, as part of what has become known around the world as the “new public management.” The history, rationale, mandate, structure and functions of the tssa are described. In addition, an assessment of the tssa as a model for the delivery of public services against criteria related to governance, political and legal accountability and performance relative to its predecessor is provided. The article concludes that significant gaps remain in the Ministry of Consumer and Business Services' capacity to adequately oversee the tssa and in the accountability framework for the tssa relative to that applicable to a conventionally structured government agency. Improvements in public safety outcomes in Ontario over the past decade are noted, although many of these trends pre‐date the creation of the tssa and may be attributable to factors other than the mccr/tssa transition. Sommaire: Le présent article passe en revue I'expérience de la Technical Standards and Safety Authority (tssa) de I'Ontario, organisme à but non lucratif auquel furent transférées en 1997 les fonctions relatives à la réglementation de la sécurité publique du ministère de la Consommation et du Commerce de la province (devenu le ministère des Services aux consommateurs et aux entreprises). Les auteurs placent la Esa dans le contexte plus vaste de la restructuration des fonctions et responsabilités gouvernementales et du transfert de ces activités à des organismes non gouvemementaux, dans le cadre de ce qui est maintenant connu mondialement sous le nom de « nouvelle gestion publique ». 11s décrivent l'historique, la justification, le mandat, la structure et les fonctions de la tssa. Ils foumissent en outre me évaluation de la Esa en tant que modèle de prestation de services publics selon des critères de gouvemance, d'imputabilité politique et légale et de rendement par rapport à son prédécesseur. L'article conclut qu'il existe encore d'importantes lacunes en ce qui concerne la capacité du ministère des Services aux consommateurs et aux entreprises à superviser adéquatement la tssa et en ce qui concerne le cadre de responsabilité de la tssa par rapport à ce qui s'applique à un organisme gouvernemental de structure conventionnelle. L'article mentionne les améliorations concernant la sécurité publique survenues en Ontario au cours de la dernière décennie, quoique nombre de ces tendances datent d'avant la création de la tssa et pourraient tre attribuables à des facteurs autres que la transition du mcc à la tssa.     

Reproductive responsibilities: Rethinking the fetal rights debate

The fetal rights debate has grown increasingly vitriolic in recent years. The animosity between those who attribute rights to the fetus from the moment of conception and those who argue that the rights of citizens can bestowed only upon those who have been born has created an impasse in a range of important public policy arenas. This article attempts to demonstrate that neither side of this debate provides a satisfactory answer to the question of what limits the state may legitimately place on the medical and behavioral choices of pregnant women. To move beyond the impasse created by the intransigent rhetoric of competing rights, this essay explores the related responsibilities of the expectant mother, the emergent family, and a liberal democratic state. It also applies this conception of reproductive responsibilities to policy issues pertaining to privacy, abortion, regulation of fertile women, and state intervention into parental decision-making.     

The great plains Garrison Diversion Unit and the search for an environmental ethic

The Garrison Diversion Unit (GDU) was authorized by Congress in 1965. It is one of the largest and most expensive public works projects ever undertaken in the United States. When completed, it may become the last major federal irrigation scheme constructed in the west. Its principal purposes are: (1) to irrigate some 250,000 acres of arable land in North Dakota, (2) provide water for municipal and industrial use in fourteen communities, and (3) enhance recreational opportunities and fish and wildlife management programs within, and adjacent to, the canals and reservoirs resulting from its construction. The project is to be financed by hydropower sales from Lake Sakakawea, created when Garrison Dam was completed in 1956.¹ Concerted litigation, Canadian opposition, and federal budget cuts have sharply reduced the size and scope of GDU since 1984. Its irrigable acreage has been reduced by over 50%, a principal feeder reservoir has been eliminated, and provision of municipal and industrial water delivery has been moved from second to first priority by a Congressional commission. The GDU controversy illustrates the consequences of the lack of a coherent environmental ethic guiding American natural resources policy. These consequences are two-fold. First, although GDU's impacts extend to Canada, there is little agreement between the U.S. and Canada over what values should guide transboundary water resources development. Second, American beneficaries of the project define its need in pre-emptory terms - i.e., as compensation to an entire region for losses of land associated with the original construction of Garrison Dam. Opponents, meanwhile, argue their case in meliorative terms - i.e., that the costs to society of building additional water projects are not outweighed by their benefits. While both views have some merit, neither view can alone encompass the range of social, economic, and environmental consequences of complex river basin development.Operated by Martin Marietta Energy Systems, Inc. for the U.S. Department of Energy under Contract No. DE-AC05-840R21400.     

Physically violent mothers are a reason for young people's leaving home

In a qualitative study, 302 homeless young people (aged 12 to 20 years) were asked to discuss their reasons for leaving home. Some 103 youth cited physical violence by a parent or stepparent, and of these, 39 cited their mother's or stepmother's violence as the reason for leaving home. Females were more likely than males to report being the target of violence by their mother; however, the converse was true for stepmothers. Several discrete reasons for maternal violence were identified, including maternal personal characteristics and behaviors, issues associated with blended families, or young people's own behavior. In some cases, young people reported violence by both parents. Their attributions of maternal violence centered on a single dimension of the mother/stepmother or her relationship with a partner. They rarely discussed the contribution that they had made to the conflict or acknowledged the social context that may have been a catalyst for violence.     

Comparative Vigilance

A growing body of literature suggests that courts and juriesare inclined toward division of liability between two strictlynon-negligent or "vigilant" parties. In this paper, we explorethe economic efficiency of liability rules based on comparativevigilance. We devise rules that are efficient and that rewardvigilance. Commonly used liability rules have discontinuousliability shares. We develop a liability rule, which we callthe "super-symmetric rule," that is both efficient and continuous,that is based on comparative negligence when both parties arenegligent and on comparative vigilance when both parties arevigilant, and that is always responsive to increased care.     

Competition among physicians, revisited

Ten years ago we developed a model of demand inducement in the physician services market and explored the properties of that model. We found that predictions concerning physicians' prices, workloads, and income were ambiguous and in many cases were consistent with those derived from a standard monopoly pricing model. Spurred in part by our work, numerous empirical studies of the demand inducement model have been conducted. These studies found little evidence of demand inducement for primary care physician services. Demand inducement may exist in the market for surgical services, but its extent is less than previously estimated. We disagree with those who say that physicians generate demand to avoid price controls and that national health care spending is proportional to the number of physicians; the evidence does not support these arguments. Substantial uncertainty may surround the physician's choice of diagnosis and treatment mode. However, this does not imply a breakdown of the agency relationship. In this paper we extend our earlier model of demand inducement to include variations in the quantity of services (which was previously assumed to be less than socially ideal). Using the model, we conclude that the major objection to government price setting is not that physicians will get around the controls by inducing demand; rather, price controls result in a quantity and quality of physicians' services that is not ideal and may be inferior to those provided in an unregulated monopoly.