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Friday, March 12, 2004
Administrative Law - More on electronic rulemaking
An Indiana Law Blog entry on Feb. 11th (available here) discussed the federal government's move to electronic rulemaking.
Now a law professor at New York Law School, Beth Simone Noveck, has written a major (124-page) paper titled "The Electronic Revolution in Rulemaking." Read the abstract and access the paper here. Some quotes from the abstract:
Informal rulemaking is about to be transformed by the silent revolution of E-Government, the widespread incorporation of web-based technology in the public sector. * * * E-rulemaking augurs the end of autonomous agency practice and the beginning of centralization through automation. According to current administration plans, notice-and-comment rulemaking will take place at one website under the direction of the Office of Management and Budget. This E-rulemaking Initiative is perhaps the most far-reaching such governmental transformation ever effected. At the same time, this radical overhaul is taking place without without regard for how it will impact the right of citizens to participate. This Article focuses on participation in rulemaking and how technology is likely to change it.[Thanks to Larry Solum at the great Legal Theory Blog for the link.]Simply putting notice and comment on-line makes the cost of speech cheaper. This only opens the floodgates to a quantity of undifferentiated public input - notice and spam. Nor does the mere right to participate ensure successful democratic practice. * * *
Posted by Marcia Oddi on March 12, 2004 09:18 AM
Posted to Administrative Law & Decisions