Scholarship@Cornell Law: A Digital Repository

Title

Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts

Authors

Cynthia R. Farina, Cornell Law SchoolFollow
Mary J. Newhart, Cornell Law School, Cornell eRulemaking InitiativeFollow
Josiah Heidt, E-Government Fellow, Cornell eRulemaking Initiative

Document Type

Published Papers

Publication Date

8-2014

Abstract

An underlying assumption of many open government enthusiasts is that more public participation will necessarily lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. Yet, experience thus far with technology-enabled rulemaking (e-rulemaking) has not confirmed this “if-then” causal link. This Article considers how this flawed causal reasoning around technology has permeated efforts to increase public participation in rulemaking.

Comments

This is an excerpted and updated version of an article that was originally published in the Michigan Journal of Environmental and Administrative Law, vol. 2, no. 1 (Fall 2012). This version was published in: Environmental Law Reporter: News & Analysis (vol. 44, issue 8 (August 2014).

Recommended Citation

Farina, Cynthia R.; Newhart, Mary J.; and Heidt, Josiah, "Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts" (2014). Cornell e-Rulemaking Initiative Publications. 17.
https://scholarship.law.cornell.edu/ceri/17