Coglianese (1997) - Assessing Consensus: The Promise and Performance of Negotiated Rulemaking

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Coglianese, Cary. 1997. “Assessing Consensus: The Promise and Performance of Negotiated Rulemaking.” Duke Law Journal 46 (6). Duke University School of Law: 1255–1349. http://www.jstor.org/stable/1372989.

Problem

  • evaluation whether the invovlement of citizen participation in the US rulemaking process (aka negotiated rulemaking) reduce the length of time of such rulemakings and the conflict (measured as filing of petitions for judical review => litigation)

Method

  • analysis of a dataset of all negotiated rulemakings by US federal authorities from 1983 to 1996
  • comparison of results of conventional rulemaking with results of negotiated rulemaking

Summary

  • "My findings run counter to the prevailing consensus in favor of negotiated rulemaking and draw into question the continued value of formal negotiated rulemaking. Despite all the postulations about how negotiated rulemaking will save time and eliminate litigation, the procedure so far has not proven itself superior to the informal rulemaking that agencies ordinarily use." p1261