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Full-Text Articles in Law

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia Farina, Mary Newhart, Josiah Heidt Dec 2014

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia Farina, Mary Newhart, Josiah Heidt

Cynthia R. Farina

This essay considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …


Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia Farina Dec 2014

Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia Farina

Cynthia R. Farina


Better Inputs For Better Outcomes: Using The Interface To Improve E-Rulemaking, Cynthia Farina, Claire Cardie, Thomas Bruce, Erica Wagner Dec 2014

Better Inputs For Better Outcomes: Using The Interface To Improve E-Rulemaking, Cynthia Farina, Claire Cardie, Thomas Bruce, Erica Wagner

Cynthia R. Farina

We believe that e-rulemaking does indeed have potential to increase both the transparency of, and participation in, regulatory policymaking. We argue in this paper that this potential can be realized only if the public interface at www.regulations.gov is substantially redesigned.


Achieving The Potential: The Future Of Federal E-Rulemaking, Report Of The Committee On The Status And Future Of Federal E-Rulemaking, Cynthia Farina Dec 2014

Achieving The Potential: The Future Of Federal E-Rulemaking, Report Of The Committee On The Status And Future Of Federal E-Rulemaking, Cynthia Farina

Cynthia R. Farina

No abstract provided.


Getting From Here To There, Cynthia Farina Dec 2014

Getting From Here To There, Cynthia Farina

Cynthia R. Farina

No abstract provided.


Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Chirba-Martin, E. Donald Elliott, Cynthia Farina Dec 2014

Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Chirba-Martin, E. Donald Elliott, Cynthia Farina

Cynthia R. Farina

No abstract provided.


The Value Of Words: Narrative As Evidence In Policymaking, Dmitry Epstein, Josiah Heidt, Cynthia Farina Dec 2014

The Value Of Words: Narrative As Evidence In Policymaking, Dmitry Epstein, Josiah Heidt, Cynthia Farina

Cynthia R. Farina

Policymakers today rely primarily on statistical, financial, and other forms of technical data as their basis for decision-making. Yet, there is a potentially underestimated value in substantive reflections of the members of the public who will be affected by a particular piece of regulation. We discuss the value of narratives as input in the policy making process, based on our experience with Regulation Room–a product of an interdisciplinary initiative using innovative web technologies in real-time online experimentation. We describe professional policymakers and professional commenters as a community of practice that has limited shared repertoire with the lay members of the …