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Full-Text Articles in Law
The Next Generation Of Administrative Law: Building The Legal Infrastructure For Collaborative Governance, Lisa Blomgren Bingham
The Next Generation Of Administrative Law: Building The Legal Infrastructure For Collaborative Governance, Lisa Blomgren Bingham
Lisa Blomgren Bingham
This Article describes the map of statutory administrative law through those cross-cutting statutes that apply generally to all federal agencies. It argues that each major statute represents a balance among five fundamental values in the relationship between the government and the governed, a balance struck by Congress in a particular historical context and moment in time. These values are accountability, efficiency, transparency, participation, and collaboration. Second, it surveys the current law and practice of both in-person and technology-aided public participation , including recent developments through the Open Government Initiative, Open Government Dialogue, and Open Government Directive. Third, it argues that …
Dispute Resolution And The Vanishing Trial: Comparing Federal Government Litigation And Adr Outcomes, Lisa Blomgren Bingham, Tina Nabatchi, Jeffrey Senger, Michael Scott Jackman
Dispute Resolution And The Vanishing Trial: Comparing Federal Government Litigation And Adr Outcomes, Lisa Blomgren Bingham, Tina Nabatchi, Jeffrey Senger, Michael Scott Jackman
Lisa Blomgren Bingham
This study compares litigation and alternative dispute resolution (ADR) in civil cases handled by Assistant United States Attorneys (AUSAs) during the period 1995 to 1998. The findings indicate that that use of ADR can be an efficient and effective procedural solution to the problems of time and cost in the justice system without sacrificing the quality of macrojustice. When ADR was used, 65% of cases settled (only 29% of cases settled when it was not used). Significantly more cases settled when ADR was voluntary than when it was mandatory (71% vs. 50%), and tort cases settled with more frequency than …
Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Citizen And Stakeholder Voice, Lisa Blomgren Bingham
Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Citizen And Stakeholder Voice, Lisa Blomgren Bingham
Lisa Blomgren Bingham
I argue here that we need a comprehensive model to understand emerging uses of collaboration across the policy continuum, and that we need to re-examine our legal framework for policy making, implementation, and enforcement to encompass this new collaborative governance. I take as my starting point the normative assumption that collaboration exists, and that it is useful and desirable in certain contexts if designed and implemented well. This article describes the broad range of processes through which citizens and stakeholders collaborate to make, implement, and enforce public policy, and then describes the incomplete legal framework for these processes. First, it …