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Context:
The complexity of our contemporary American society is changing at an exponential rate, requiring government to respond quickly and efficiently to challenging emergent problems. The rulemaking process is designed in part, to be both expedient and democratic. Yet, there are both strengths and weaknesses to this process requiring the use of order-making in lieu of rulemaking.
Directions:
In this discussion forum, provide remarks that differentiate rulemaking from order-making, along with examples of the growing importance of administrative rulemaking and order-making. Also, please comment on rulemaking challenges as reflected in the assigned readings. Any current examples beyond the assigned readings, would be helpful.
Readings are:
Textbook: Textbook: Chapters 5 of the textbook: Administrative Law in the Political System including any cases at the end of each chapter.
Chapter 5 discusses various components of rulemaking and order-making including both their strengths and weaknesses, along with intended and unintended policy outcomes.
Journal articles (Social science) West, W. (1982). The Politics of Administrative Rulemaking. Public Administration Review, 42(5), 420-426. doi:10.2307/975644
This journal article discusses how politics impact the rulemaking process. The Federal Trade Commission is used to illustrate both effective and problematic issues, along with the pros and cons of rulemaking vs. order-making.
Journal article (Law): Raso, C. (2015). AGENCY AVOIDANCE OF RULEMAKING PROCEDURES. Administrative Law Review, 67(1), 65-132.
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