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Duke Law Journal

2006

Information technology

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Full-Text Articles in Law

Evaluating E-Rulemaking: Public Participation And Political Institutions, Stuart Minor Benjamin Mar 2006

Evaluating E-Rulemaking: Public Participation And Political Institutions, Stuart Minor Benjamin

Duke Law Journal

Proponents of electronic rulemaking proposals designed to enhance ordinary citizens' involvement in the rulemaking process have debated with skeptics the question of whether such initiatives will actually increase citizens' involvement. In the debate thus far, however, proponents have largely assumed the desirability of such involvement, and skeptics have usually not challenged that assumption. In addition, proponents and skeptics have focused on the relationship between agencies and individuals, failing to consider the larger administrative law context-and in particular the role played by Congress and the courts. This Article considers e-rulemaking in a broader institutional context and directly addresses the desirability of …


Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese Mar 2006

Citizen Participation In Rulemaking: Past, Present, And Future, Cary Coglianese

Duke Law Journal

Administrative law scholars and governmental reformers argue that advances in information technology will greatly expand public participation in regulatory policymaking. They claim that e-rulemaking, or the application of new technology to administrative rulemaking, promises to transform a previously insulated process into one in which ordinary citizens regularly provide input. With the federal government having implemented several e-rulemaking initiatives in recent years, we can now begin to assess whether such a transformation is in the works-or even on the horizon. This paper compares empirical observations on citizen participation in the past, before e-rulemaking, with more recent data on citizen participation after …