Administrative Procedures and Bureaucratic Performance: Is Federal Rulemaking ‘Ossified’?

“Administrative Procedures and Bureaucratic Performance: Is Federal Rulemaking ‘Ossified’?”

Univ. of Wisconsin Legal Studies Research Paper No. 1079

JASON W. YACKEE, University of Wisconsin Law School
SUSAN WEBB YACKEE, affiliation not provided to SSRN

We provide the first empirical assessment of the ossification thesis, the widely accepted notion that procedural constraints on federal agencies have greatly hindered the ability of those agencies to formulate policy through notice and comment rulemaking. Using data that covers all active federal rule-writing agencies from 1983 to 2006, our results largely disconfirm the ossification thesis. Agencies appear readily able to issue a sizeable number of rules, and to do so relatively quickly. Indeed, our empirical results suggest that procedural constraints may actually speed up the promulgation of rules, though our model suggests that this positive effect may decline, or even reverse, as proposed rules age. We conclude that procedural constraints do not appear to unduly interfere with the ability of federal agencies to act, or in most cases, to act in a timely manner.

 

Source: LSN Experimental & Empirical Studies Vol. 10 No. 28,  04/24/2009

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s