Retroactivity and administrative rulemaking.

Administrative Rulemaking: An Old and Emerging Literature

Rulemaking is the most important way in which bureaucracy creates policy. In some respects, it rivals the even legislative process in its significance as a form of governmental output. Although rulemaking was long overlooked in the policy sciences, students of government and public administration have begun to redress this neglect as part of a more general interest in formal institutions. In so...

E-rulemaking: Bringing Data to Theory at the Federal Communications Commission

This paper examines the theoretical promise of e-rulemaking with an examination of data about all filings at the Federal Communications Commission (FCC) from 1999 to 2004. The paper first reviews the theoretical and empirical literature on e-rulemaking. It then analyzes a dataset of all filings at the FCC using descriptive statistics and regression analysis to determine what drives e-filings an...

Discussing the Rules: Electronic Rulemaking and Democratic Deliberation

Of all recent efforts to transform the federal bureaucracy through the use of information technology, electronic rulemaking holds the most potential for enhancing the role of the public in policymaking. In its more expansive formulation, electronic rulemaking would allow citizens to learn about proposed regulations on the Web, comment on them electronically, read comments by others, and even di...

Procedural Politicking: Agency Risk Management in the Federal Rulemaking Process

Administrative procedures are often hailed as the solution to managing an unruly bureaucracy, but they are not self-executing. Rather, they must be implemented by the very agencies whose behavior they are designed to constrain. Further, the expert bureaucrats that oversee these processes have superior insight on how these different procedures tend to play out and can use this information to ste...

Administrative Alternative Dispute Resolution: The Development of Negotiated Rulemaking and Other Processes