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Full-Text Articles in Law
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Rulemaking Versus Adjudication: A Psychological Perspective, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (through the adjudicative process) or by declaring general principles through a centralized authority that are to be applied in individual cases (through the rulemaking process). Administrative agencies have long had the unfettered authority to choose between the two methods. Although each method could identify the same solution to the legal issues that come before them, in practice, the two systems commonly settle upon different resolutions. Each system presents the underlying legal issue from a different cognitive perspective, highlighting and hiding …
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
Articles & Chapters
Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …