Cover image for Rulemaking : how government agencies write law and make policy
Rulemaking : how government agencies write law and make policy
Kerwin, C. M. (Cornelius M.)
Second edition.
Publication Information:
Washington, D.C. : CQ Press, [1999]

Physical Description:
x, 294 pages ; 23 cm
Format :


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KF5411 .K47 1999 Adult Non-Fiction Central Closed Stacks

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Rulemaking may be unfamiliar to most but it is a vital area of lawmaking. Kerwin uses examples, such as the EPA's implementation of the Clean Air Act, to illustrate this important stage in the policymaking process, including basic rulemaking procedures and judicial consideration of rules.

Author Notes

Cornelius M. Kerwin is currently provost of American University and professor of public administration in American University's School of Public Affairs. He has been a fellow of the National Academy of Public Administration since 1996 and was president of the National Association of Schools of Public Affairs and Administration from 1998 to 1999. He has also worked as a consultant for several organizations, including the Environmental Protection Agency, the Department of Agriculture, and the Federal Energy Regulatory Commission.

Table of Contents

Tables and Figuresp. ix
Prefacep. xi
Chapter 1 The Substance of Rules and the Reasons for Rulemakingp. 1
The Definition of Rulemakingp. 2
The History of Rulemakingp. 7
Categories of Rulesp. 22
The Reasons for Rulemaking: What It Has to Offerp. 28
Chapter 2 The Process of Rulemakingp. 39
Process and Substancep. 43
The Core Elements of Rulemaking: Information, Participation, Accountabilityp. 52
Information: Increased Legal Requirementsp. 57
Participation: Expanded Opportunities Mandated by Lawp. 64
Mechanisms of Accountabilityp. 69
How the APA Model Has Changedp. 70
Exceptions, Exemptions, and Evasionsp. 71
The Stages of Rulemakingp. 73
Chapter 3 Issues and Contradictionsp. 87
The Volume of Rulemakingp. 88
Quality in Rulemakingp. 93
Timelinessp. 102
Participationp. 111
Bureaucratic Discretionp. 113
The Effects of Rulemakingp. 113
Inseparable Issuesp. 114
Chapter 4 The Management of Rulemakingp. 118
Presidential Managementp. 118
Management on the Agency Levelp. 123
Managing Individual Rulesp. 143
Conclusionp. 155
Chapter 5 Participation in Rulemakingp. 158
The Purposes of Participationp. 158
The Origins and History of Participationp. 160
Actual Patterns of Participationp. 178
Does Participation Matter?p. 202
Chapter 6 Oversight of Rulemakingp. 212
Accountability and Congressp. 213
Accountability to the Presidentp. 224
Accountability to the Courtsp. 238
Conclusionp. 254
Chapter 7 Theory, an Agenda for Research, and an Appreciationp. 259
The Value of Theoryp. 259
The Elements of Rulemaking Theoryp. 260
Who Will Win?p. 276
The Importance of Negotiationp. 277
Appendix Titles and Chapters in the Code of Federal Regulationsp. 286
Indexp. 289