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#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
Articles
In December 2015, the Government Accountability Office (GAO) concluded that the Environmental Protection Agency’s (EPA’s) use of various social media tools in a rulemaking under the Clean Water Act violated prohibitions in federal appropriations laws against publicity, propaganda, and lobbying. Although academics previously explored whether the use of technology in rulemaking might violate the Administrative Procedures Act (APA), the Paperwork Reduction Act, or the Federal Advisory Committee Act, none predicted that one of the first firestorms surrounding the use of social media in rulemaking would arise out of federal appropriations laws. ...
As the Administrative Conference of the United States …
Sending The Bureaucracy To War, Elena Baylis, David Zaring
Sending The Bureaucracy To War, Elena Baylis, David Zaring
Articles
Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives suffer from predictable, persistent, and probably intractable problems - problems that contemporary legal scholars tend to ignore, even though they are central to the work of the writers who created and framed the discipline of administrative law.
We analyze these problems through a survey of four administrative initiatives that exemplify the project of sending bureaucrats to …