Rulemaking

by Kerwin, Cornelius M

• ISBN13: 9780872893375
• ISBN10: 0872893375
• Edition: 4th
• Format: Paperback
• Copyright: 2010-07-20
• Publisher: Cq Pr

Summary

Rulemaking is the single most important function performed by government agencies. While Congress and the president provide the general framework for the government's mission, rulemaking fills in the details that define the law and delineate how each agency carries out its responsibilities. Cornelius Kerwin, and new co-author Scott Furlong, update this highly regarded text with new data, fresh analysis of interest groups' participation in rulemaking, as well as coverage of the Obama administration's early actions, from executive orders and key personnel to agencies' responses to changes. An invaluable and accessible guide to this intensely political process, Rulemaking contains the most current scholarship on a crucial yet understudied subject.

Author Biography

Cornelius M. Kerwin is currently the president of American University, a professor of public administration in American University's School of Public Affairs, and a Fellow of the National Academy of Public Administration. Dr. Kerwin served as president of the National Association of Schools of Public Affairs and Administration (NASPAA) for the 1998-1999 term. Additionally, he worked as a consultant for several organizations, including the Environmental Protection Agency, the Department of Agriculture, and the Federal Energy Regulatory Commission. Scott R. Furlong is the dean of the College of Liberal Arts and Sciences and professor of political science and public affairs at the University of Wisconsin-Green Bay. He has published extensively in the areas of regulatory policy, rulemaking, and the role of interest group participation in the executive branch. His articles have appeared in such journals as the Journal of Public Administration, Research and Theory, Public Administration Review, Administration Policy Quarterly, and Policy Studies Journal. He has taught classes in public policy, regulatory policy, and American government for more than fourteen years.

Table of Contents

Tables and Figures	p. ix
Preface	p. xi
The Substance of Rules and the Reasons for Rulemaking	p. 1
The Definition of Rulemaking	p. 2
The History of Rulemaking	p. 7
Categories of Rules	p. 21
The Reasons for Rulemaking: What it has to Offer	p. 28
The Process of Rulemaking	p. 39
Process and Substance	p. 43
The Core Elements of Rulemaking: Information, Participation, Accountability	p. 53
Information: Increased Legal Requirements	p. 57
Participation: Expanded Opportunities Mandated by Law	p. 65
Mechanisms of Accountability	p. 70
How the APA Model has Changed	p. 71
Exceptions, Exemptions, and Evasions	p. 72
The Stages of Rulemaking	p. 75
Issues and Contradictions	p. 89
The Volume of Rulemaking	p. 91
Quality in Rulemaking	p. 96
Timeliness	p. 105
Participation	p. 114
Bureaucratic Discretion	p. 116
The Effects of Rulemaking	p. 117
Inseparable Issues	p. 118
The Management of Rulemaking	p. 122
Presidential Management	p. 122
Management on the Agency Level	p. 129
Managing Individual Rules	p. 152
Conclusion	p. 163
Participation in Rulemaking	p. 167
The Purposes of Participation	p. 168
The Origins and History of Participation	p. 170
Actual Patterns of Participation	p. 189
Does Participation Matter?	p. 210
Oversight of Rulemaking	p. 221
Accountability and Congress	p. 222
Accountability to the President	p. 232
Accountability to the Courts	p. 247
Rulemaking: Theories and Reform Proposals	p. 269
The Value of Theory	p. 269
The Elements of Rulemaking Theory	p. 270
The Reform of Rulemaking	p. 292
Appendix: Titles and Chapters in the Code of Federal Regulations	p. 297
Index	p. 301
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