On Discretion in Administrative Rulemaking Process

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...

Organization, Process, and Agency Rulemaking

Organizational theorists and economists have long understood that structuring internal work processes into more hierarchical or team-based arrangements has important consequences for the timeliness and character of organizational outputs. We apply these insights to demonstrate how variation in the design of rulemaking procedures inside regulatory agencies impacts the resulting rules. Employing ...

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...

Transparency and Public Participation in the Rulemaking Process