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Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
All Faculty Scholarship
Recent controversy over the unitary executive may be part of what Steven Calabresi and Christopher Yoo have called the “oldest debate in constitutional law.” Yet in this essay, I ask whether this debate is as much legal as it is political. Focusing on the Environmental Protection Agency’s decision to grant California a waiver from national automobile emissions standards, I contrast the divergent reactions to presidential influence under President Bush and President Obama. In both administrations the EPA faced clear presidential pressure, but critics of President Bush’s involvement generally applauded the actions taken by President Obama. The main difference appears to …
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
All Faculty Scholarship
For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …