9780872893375

Rulemaking

by
  • ISBN13:

    9780872893375

  • ISBN10:

    0872893375

  • Edition: 4th
  • Format: Paperback
  • Copyright: 7/20/2010
  • Publisher: Cq Pr

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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 Figuresp. ix
Prefacep. xi
The Substance of Rules and the Reasons for Rulemakingp. 1
The Definition of Rulemakingp. 2
The History of Rulemakingp. 7
Categories of Rulesp. 21
The Reasons for Rulemaking: What it has to Offerp. 28
The Process of Rulemakingp. 39
Process and Substancep. 43
The Core Elements of Rulemaking: Information, Participation, Accountabilityp. 53
Information: Increased Legal Requirementsp. 57
Participation: Expanded Opportunities Mandated by Lawp. 65
Mechanisms of Accountabilityp. 70
How the APA Model has Changedp. 71
Exceptions, Exemptions, and Evasionsp. 72
The Stages of Rulemakingp. 75
Issues and Contradictionsp. 89
The Volume of Rulemakingp. 91
Quality in Rulemakingp. 96
Timelinessp. 105
Participationp. 114
Bureaucratic Discretionp. 116
The Effects of Rulemakingp. 117
Inseparable Issuesp. 118
The Management of Rulemakingp. 122
Presidential Managementp. 122
Management on the Agency Levelp. 129
Managing Individual Rulesp. 152
Conclusionp. 163
Participation in Rulemakingp. 167
The Purposes of Participationp. 168
The Origins and History of Participationp. 170
Actual Patterns of Participationp. 189
Does Participation Matter?p. 210
Oversight of Rulemakingp. 221
Accountability and Congressp. 222
Accountability to the Presidentp. 232
Accountability to the Courtsp. 247
Rulemaking: Theories and Reform Proposalsp. 269
The Value of Theoryp. 269
The Elements of Rulemaking Theoryp. 270
The Reform of Rulemakingp. 292
Appendix: Titles and Chapters in the Code of Federal Regulationsp. 297
Indexp. 301
Table of Contents provided by Ingram. All Rights Reserved.

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