Law Commons^™

The Undemocratic Roots Of Agency Rulemaking, Emily S. Bremer

Journal Articles

Americans often credit—or blame—Congress for the laws and policies that govern their lives. But Congress enacts broad statutes that give federal administrative agencies the primary responsibility for making and enforcing the regulations that control American society. These administrative agencies lack the political accountability of those in public office. To address this democratic deficit, an agency seeking to adopt a new regulation must publish a notice of proposed rulemaking and provide an opportunity for the public to comment on the proposal. Heralded as “one of the greatest inventions of modern government,” the Administrative Procedure Act’s (APA) notice-and-comment rulemaking procedure is understood …

Mass Comments’ Opportunity Costs, Michael Herz

Faculty Online Publications

Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But that conceptualization presents a challenge when an agency is confronted with mass comments. If agencies are not counting but reading comments, and if mass comments are duplicative and often devoid of content beyond a strong expression of values or preference, then what do they add?

Managing The ‘Republic Of Ngos’: Accountability And Legitimation Problems Facing The U.N. Cluster System, J.Benton Heath

J.Benton Heath

This Article identifies and critically assesses the crucial but troubled system for the coordination of international humanitarian assistance (the U.N. “Cluster Approach”). Regardless of whether the Cluster Approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable, as they ultimately fail to resolve the tension between humanitarian organizations’ autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and “peer review.” Drawing on theories of network governance and experimentalism, this Article …

Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law

9 slides

Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore

Best Practices for Community and Environmental Protection (October 14)

Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO

22 slides

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references

Participation Run Amok: The Costs Of Mass Participation For Deliberative Agency Decisionmaking, Jim Rossi

Vanderbilt Law School Faculty Publications

This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. The first section of the Article explores participation's value to agency governance. The second section of the Article presents three models of agency governance - expertocratic, pluralist, and civic republican - and discusses participation's importance to each model. The Article then posits a distinction between ordinary and constitutive agency decision-making, and explores how participation affects each for the three distinct models of agency governance. The implications of mass participation are explored in …

Public Participation In Risk Management Decisions: The Right To Define, The Right To Know And The Right To Act, Frances M. Lynn

RISK: Health, Safety & Environment (1990-2002)

It is important to solicit public opinions before making decisions about Risk, but this is seen as only a first step. The author observes that it is also important that the public be involved in defining the problem, identifying needed information, interpreting information, and choosing among the options for action.