‘Rulemaking’s logic was transparent and intuitive—a wonderful review of rule-making.’
—Paul Pavlich, Southern Oregon University
In this thought-provoking new edition of their highly regarded text, authors Kerwin and Furlong help students grasp the dynamics of today’s American politics by showing them how rulemaking remains an elemental part of our government system. Rulemaking, Fifth Edition, brings concepts to life with the inclusion of new data, a fresh analysis of interest group participation, and new coverage of the Trump administration’s actions from executive orders and key personnel to agencies’ responses to changes. An invaluable and accessible guide to an intensely political process, this much-anticipated edition contains the most current scholarship on a crucial yet understudied subject.
New to the Fifth Edition
- New scholarship from the past five to six years provides readers with the latest research and analysis in rulemaking.
- Updated information on the Obama administration and the beginning of the Trump Administration puts rulemaking in context and demonstrates how different administrations use this tool.
- New tables and charts reflect the most recent data available to better illustrate the trends and patterns of rulemaking.
Table of Content
List of Tables and FiguresPreface
Chapter 1: The Substance of Rules and the Reasons for Rulemaking
The Definition of Rulemaking
The History of Rulemaking
Categories of Rules
The Reasons for Rulemaking: What It Has to Offer
Chapter 2: The Process of Rulemaking
Process and Substance
The Core Elements of Rulemaking: Information, Participation, Accountability
Information: Increased Legal Requirements
Participation: Expanded Opportunities Mandated by Law
Mechanisms of Accountability
How the APA Model Has Changed
Exceptions, Exemptions, and Evasions
The Stages of Rulemaking
Chapter 3: Issues and Contradictions
The Volume of Rulemaking
Quality and Consequences
Timeliness
Participation
Bureaucratic Discretion
The Effects of Rulemaking
Inseparable Issues
Chapter 4: The Management of Rulemaking
Presidential Management
Management on the Agency Level
Managing Individual Rules
Conclusion
Chapter 5: Participation in Rulemaking
The Purposes of Participation
The Origins and History of Participation
Actual Patterns of Participation
Does Participation Matter?
Chapter 6: Oversight of Rulemaking
Accountability and Congress
Accountability to the President
Accountability to the Courts
Conclusion
Chapter 7: Rulemaking: Theory and Reform
The Value of Theory
Elements of Rulemaking Theory
The Reform of Rulemaking
Appendix: Titles and Chapters in the Code of Federal Regulations
Index
About the Authors