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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.
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
The Substance of Rules and the Reasons for Rulemaking
The Definition of Rulemaking
The History of Rulemaking
Categories of Rules
The Reasons for Rulemaking: What it has to Offer
The Process of Rulemaking
Process and Substance
The Core Elements of Rulemaking: Information, Participation, Accountability
Information: Increased Legal Requirements
Participation: Expanded Opportunities Mandated by Law
Mechanisms of Accountability
How the APA Model has Changed
Exceptions, Exemptions, and Evasions
The Stages of Rulemaking
Issues and Contradictions
The Volume of Rulemaking
Quality in Rulemaking
The Effects of Rulemaking
The Management of Rulemaking
Management on the Agency Level
Managing Individual Rules
Participation in Rulemaking
The Purposes of Participation
The Origins and History of Participation
Actual Patterns of Participation
Does Participation Matter?
Oversight of Rulemaking
Accountability and Congress
Accountability to the President
Accountability to the Courts
Rulemaking: Theories and Reform Proposals
The Value of Theory
The Elements of Rulemaking Theory
The Reform of Rulemaking
Appendix: Titles and Chapters in the Code of Federal Regulations
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