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Everything about Rulemaking
Process by which executive branch agencies create regulations
In administrative law in the United States, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking. Wikipedia →
🧭 Start here: a 6-step reading path
- Read the overview: RulemakingA 5-minute orientation
- Skim a recent paper: Do public comments make a difference in open rulemaking? Insights from information management using machine learning and QCA analysisInfluential work since 2022
- Pick up a classic book: Federal Trade Commission oversight - rulemaking, advertising, and consumer accessThe most-reprinted book on the subject
- Read the landmark paper: Social and Ecological Synergy: Local Rulemaking, Forest Livelihoods, and Biodiversity ConservationCited 462 times
- Go sideways: Paperwork Reduction ActA closely related topic
- Go sideways: Executive Order 12866A closely related topic
📖 Definitions
Adjective Having the power to make rules.
Noun The act or process of creating rules, especially regulations (as opposed to statutes).
🗂️ The subject at a glance
🏆 Landmark papers (most cited)
Social and Ecological Synergy: Local Rulemaking, Forest Livelihoods, and Biodiversity Conservation
Sweet-Talking the Fourth Branch: The Influence of Interest Group Comments on Federal Agency Rulemaking
An Economic Analysis of Legal Rulemaking
Assessing Consensus: The Promise and Performance of Negotiated Rulemaking
Some Thoughts on "Deossifying" the Rulemaking Process
Lobbying Coalitions and Government Policy Change: An Analysis of Federal Agency Rulemaking
Competition and Beyond: Problems and Attention Allocation in the Organizational Rulemaking Process
The Case Against Mass E‐mails: Perverse Incentives and Low Quality Public Participation in U.S. Federal Rulemaking
🆕 Influential since 2022
Do public comments make a difference in open rulemaking? Insights from information management using machine learning and QCA analysis
Policy actors’ perceptions of qualitative research in policymaking: the case of higher education rulemaking in the United States
The Securitization of Cyberspace: From Rulemaking to Establishing Legal Regimes
‘A virtuous industry’: the agrarian work-family ethic in US rulemaking on child agricultural labour
Shaping EU agencies’ rulemaking
📚 Books worth reading
- 📕Federal Trade Commission oversight - rulemaking, advertising, and consumer accessUnited States. Congress. House. Committee on Government Operations · 1977
Ranked by number of editions on Open Library, a rough measure of how lasting a book is.
🔗 Related topics
- Paperwork Reduction Act The Paperwork Reduction Act of 1980 (Pub. L. No. 96-511, 94 Stat. 2812, codified at 44 U.S.C. §§ 3501–3521) is a United States federal law enacted in 1980…
- Executive Order 12866 Executive Order 12866 in the United States, issued by President Clinton in 1993, requires a cost–benefit analysis for any new regulation that is "economically…
- Administrative Law, Process and Procedure Project The Administrative Law, Process and Procedure Project (the Project) is a bipartisan undertaking of the Committee on the Judiciary of the House of Representative…
- Notice of proposed rulemaking A notice of proposed rulemaking (NPRM) is a public notice that is issued by law when a U.S. federal agency wishes to add, remove, or change a rule or regulation…
- Federal Register The Federal Register (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency…
- United States administrative law In the United States, the term administrative law is often used to describe the body of statutes (actual laws passed by Congress or a state legislature)…
- Administrative Procedure Act The Administrative Procedure Act (APA), (Pub. L. 79–404, ch. 324, 60 Stat. 237, enacted Jun 11, 1946, is the United States federal statute that governs…
- Code of Federal Regulations In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the…