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Social and Behavioral Sciences Commons™
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- Administrative law (1)
- Bounded rationality (1)
- Business responses to regulation (1)
- De minimis risk (1)
- Decision theory (1)
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- Democratic Theory (1)
- E-rulemaking (1)
- Empirical research (1)
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- Probability thresholds (1)
- Regulation (1)
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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Introduction To Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Introduction To Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
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Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …
Why De Minimis?, Matthew D. Adler
Why De Minimis?, Matthew D. Adler
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De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative “individual risk” thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural hazards, such as the 100-year-flood or 475-year-earthquake; de minimis failure probabilities for built structures; the exclusion of low-probability causal models; and other policymaking criteria. All these tests have a common structure, as I show in the Article. A de minimis test, broadly defined, tells the decisionmaker to determine whether the probability of some outcome is …
First Generation E-Rulemaking: An Assessment Of Regulatory Agency Websites, Stuart Shapiro, Cary Coglianese
First Generation E-Rulemaking: An Assessment Of Regulatory Agency Websites, Stuart Shapiro, Cary Coglianese
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We examine 89 websites from federal regulatory agencies in order to evaluate their ease of use for those interested in commenting on or learning about their proposed regulations. We find that while there has been a lot of attention given to second and third generation “e-rulemaking” efforts, agency websites, a first generation innovation, still have considerable room for improvement. Notwithstanding legislative and executive branch efforts to enhance the accessibility of regulatory information on the Internet, our coding of regulatory agency websites reveals considerable variation in the quality of agency websites, with many websites still failing to provide relatively basic features.
Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese
Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese
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Techno-optimists advocate the application of information technology to the rulemaking process as a means of advancing strong democracy -- that is, direct, broad-based citizen involvement in regulatory policy making. In this paper, I show that such optimism is unfounded given the obstacles to meaningful citizen deliberation posed by the impenetrability of current e-rulemaking developments, the prevailing level of citizen disengagement from politics and policy making more generally, and most citizens’ lack of the requisite technical information about and understanding of the issues at stake in regulatory decision making. As such, a more realistic goal for the application of new technology …