About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Mich. J. Envtl. & Admin. L. 1 (2012-2013)

handle is hein.journals/michjo2 and id is 1 raw text is: ENHANCING PUBLIC ACCESS TO ONLINE RULEMAKING INFORMATION Cary Coglianese* One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies' efforts to make rulemaking information available online. Drawing on a review of current agency uses of the Internet, a systematic survey of regulatory agencies' websites, and in- terviews with managers at a variety of federal regulatory agencies, I identify both existing best practices as well as opportunities for continued improvement. The findings of this research suggest that there exist both considerable differences in how well different agencies are making rulemaking information available online as well as significant opportunities for the diffusion of best-practice inno- vations that some agencies have adopted. This research also provides a basis for seven recommendations that I offer for enhancing both the accessibility and quali- ty of rulemaking through online technology. A commitment to well-accepted democratic principles applicable to regulatory agencies should lead federal web * Edward B. Shils Professor of Law and Professor of Political Science, University of Pennsylvania Law School, and Director, Penn Program on Regulation. The author gratefully acknowledges the dedicated support provided by a team of website reviewers from the student body of the University of Pennsylvania Law School as well as excellent assistance provided by members of the University of Pennsylvania Law School library, faculty support, and information technology staffs. Several student research assistants also assisted in various aspects of this study. Jessica Goldenberg provided crucial and capable overall management of the website analysis discussed in Part III and played a key role in setting up the inter- views discussed in Part IV; Eric Merron provided support with data entry and analysis on the website study; David Rosen assisted with research, drafting, and arranging interviews; Christopher Wahl provided extensive and excellent support with research, drafting, and editing; Kamya Mehta provided research and drafting on several discrete issues; and Steph- anie Lo studied website accessibility to the disabled. Professor Stuart Shapiro of Rutgers University helpfully consulted and provided assistance with the website coding. This article is based on a report prepared for the Administrative Conference of the United States (ACUS), which led to the adoption of formal recommendations in December 2011. ACUS, Adoption of Recommendations, 77 Fed. Reg. 2257, 2264-65 (Jan. 17, 2012). The views expressed in this article are those of the author and do not necessarily reflect those of the members of the Conference or its committees.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most