Law Commons^™

Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles

Cornell Law Faculty Publications

A central challenge for international financial regulatory systems today is how to manage the impact of global systemically important financial institutions (G-SIFIs) on the global economy, given the interconnected and pluralistic nature of regulatory regimes. This paper focuses on the Financial Stability Board (FSB) and proposes a new research agenda for the FSB’s emerging regulatory forms. In particular, it examines the regulatory architecture of the New Governance (NG), a variety of approaches that are supposed to be more reflexive, collaborative, and experimental than traditional forms of governance. A preliminary conclusion is that NG tools may be effective in resolving some …

Rulemaking 2.0: Understanding And Getting Better Public Participation, Cynthia R. Farina, Mary J. Newhart

Cornell e-Rulemaking Initiative Publications

More than a decade after the launch of Regulations.gov, the government-wide federal online rulemaking portal, and nearly four years since the Obama Administration directed agencies to use “innovative tools and practices that create new and easier methods for public engagement,” there are still more questions than answers about what value social media and other Web 2 .0 technologies can bring to rulemaking–and about how agencies can realize that value.

This report, commissioned by the IBM Center for the Business of Government, begins to provide those answers. Drawing on insights from a number of disciplines and on three years of actual …

Balancing Inclusion And “Enlightened Understanding” In Designing Online Civic Participation Systems: Experiences From Regulation Room, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Jackeline Solivan

Cornell e-Rulemaking Initiative Publications

New forms of online citizen participation in government decision making have been fostered in the United States (U.S.) under the Obama Administration. Use of Web information technologies have been encouraged in an effort to create more back-and-forth communication between citizens and their government. These “Civic Participation 2.0” attempts to open the government up to broader public participation are based on three pillars of open government—transparency, participation, and collaboration. Thus far, the Administration has modeled Civic Participation 2.0 almost exclusively on the Web 2.0 ethos, in which users are enabled to shape the discussion and encouraged to assess the value of …

Regulation Room: How The Internet Improves Public Participation In Rulemaking, Jackeline Solivan, Cynthia R. Farina

Cornell e-Rulemaking Initiative Publications

Cornell eRulemaking Initiative (CeRI) designed and operated Regulation Room, a pilot project that provides an online environment for people and groups to learn about, discuss, and react to selected proposed federal rules. The project is a unique collaboration between CeRI academic researchers and the government. The U.S. Department of Transportation (USDOT) was CeRI's first agency partner and chose Regulation Room as its first open government "flagship initiative." USDOT received a White House Open Government Leading Practices Award for its collaboration in the project. CeRI owns, designs, operates, and controls Regulation Room, but works closely with partner agencies to identify suitable …

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

This essay considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University.

An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …

Regulation Room: Getting "More, Better" Civic Participation In Complex Government Policymaking, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart

Cornell e-Rulemaking Initiative Publications

Purpose – Rulemaking (the process agencies use to make new health, safety, social and economic regulations) is one of the US Government’s most important policymaking methods and has long been a target for e-government efforts. Although broad transparency and participation rights are part of its legal structure, significant barriers prevent effective engagement by many citizens. The paper aims to discuss these issues.

Design/methodology/approach – RegulationRoom.org is an online experimental e-participation platform, designed and operated by Cornell e-rulemaking Initiative (CeRI), the cross-disciplinary CeRI. Using the Regulation Roomas a case study, this paper addresseswhat capacities are required for effective civic engagement and …