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61 Admin. L. Rev. 171 (2009)
Public Participation and Transparency in Administrative Law - Three Examples as an Object Lesson

handle is hein.journals/admin61 and id is 1099 raw text is: PUBLIC PARTICIPATION AND TRANSPARENCY IN ADMINISTRATIVE LAW-THREE EXAMPLES AS AN OBJECT LESSON WILLIAM FUNK* TABLE OF CONTENTS Introduction ............................................................................................... 17 1 I. The History of the Development of Public Participation and Transparency in Administrative Law ............................................. 172 II. The Legal and Political Context of that History ............................. 177 III. The Three Exam ples ....................................................................... 183 A. Federal Advisory Committee Act ............................................ 183 B. Government in the Sunshine Act ............................................. 187 C. N egotiated Rulem aking Act .................................................... 191 C on clu sion ................................................................................................. 197 INTRODUCTION Public participation and transparency are hallmarks of American administrative law, but this has not always been the case. Rather, there has been a steady trend toward greater public participation and transparency as the concept of the administrative state has evolved. Today, the administrative law of the European Union (EU) is not known for fostering public participation or transparency, but it appears there is potential for that to change in the future. Moreover, the recent rejection of the Lisbon Treaty * Robert E. Jones Professor of Law, Lewis & Clark Law School. This Article was written as a contribution to the 2008 Administrative Law Forum held in Montpellier, France, which asked what American lawyers could learn from European Union administrative law and what could European Union lawyers learn from American administrative law. I wish to thank the participants of the Forum for their helpful comments on this Article in its formative stages. In particular, I would like to thank Professor Russell Weaver, who was largely responsible for this Forum taking place, and the Dean and law faculty of Universit6 Montpellier, who graciously hosted the Forum.

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