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47 Wake Forest L. Rev. 1185 (2012)
Knowledge in the People: Rethinking Value in Public Rulemaking Participation

handle is hein.journals/wflr47 and id is 1209 raw text is: KNOWLEDGE IN THE PEOPLE:
RETHINKING VALUE IN PUBLIC RULEMAKING
PARTICIPATION
Cynthia R. Farina
Dmitry Epstein
Josiah Heidt***
Mary J. Newhart
CeRI****
INTRODUCTION
Why is it ... that in the middle of listening to someone give
their side of a problem I have a natural inclination to make a
list, to break their story down into parts such as issues and
concerns? But, when I ask them about issues, they seem to
have a natural inclination to tell me yet another story.'
J.P. Lederach, conflict mediator
When eighteenth-century chronicler James Boswell told Dr.
Samuel Johnson a story about attending a Quaker meeting at which
a woman preached, the latter commented: Sir, a woman's preaching
is like a dog's walking on his hind legs. It is not done well; but you
are surprised to find it done at all.2 Dr. Johnson's characteristically
waspish response was insightful, although its insight was not the
one he intended. Given the cultural positioning of women in
England at the time-a highly constricted space enforced by legal,
* McRoberts Professor of Research in the Administration of the Law,
Cornell Law School; CeRI (Cornell eRulemaking Initiative) Principal
Researcher. This Essay is based upon work supported by the National Science
Foundation under Grant No. NSF IIS-1111176. Any opinions, findings, and
conclusions or recommendations expressed are those of the authors and do not
necessarily reflect the views of the National Science Foundation.
** CeRI Post-doctoral Fellow.
*** CeRI Affiliated Researcher.
**** Adjunct Professor, Cornell Law School; CeRI Executive Director and
Senior Researcher.
***** CORNELL ERULEMAKING INITIATIVE, http://www.lawschool.cornell.edu
/ceril (last visited Oct. 27, 2012).
1. JOHN   PAUL   LEDERACH,   PREPARING   FOR   PEACE:   CONFLICT
TRANSFORMATION ACROSS CULTURES 81 (1995).
2. JAMES BOSWELL, THE LIFE OF SAMUEL JOHNSON, LL.D. 244 (David
Womersley ed., Penguin Classics 2008) (1791).

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