P. Bils, Robert J. Carroll, Lawrence S. Rothenberg
{"title":"Strategic avoidance and rulemaking procedures","authors":"P. Bils, Robert J. Carroll, Lawrence S. Rothenberg","doi":"10.1177/09516298241237209","DOIUrl":null,"url":null,"abstract":"Informal, ‘notice-and-comment’, rulemaking is the prototypical mechanism employed by US regulators. However, agencies frequently claim their actions exempt from the process, and courts typically agree. Agencies thus face an important strategic choice between informal rulemaking and avoidance. To study this choice, we analyze a model of rulemaking with exemption and empirically analyze agency avoidance. Our model implies that more biased agencies engage in less avoidance, as they face more skepticism from the courts and, thus, require support from group comments to have their rules upheld. Empirically, we find support for this prediction. As for policy implications, we show it is more beneficial to allow exemptions when the agency is more biased.","PeriodicalId":51606,"journal":{"name":"Journal of Theoretical Politics","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Theoretical Politics","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/09516298241237209","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 1
Abstract
Informal, ‘notice-and-comment’, rulemaking is the prototypical mechanism employed by US regulators. However, agencies frequently claim their actions exempt from the process, and courts typically agree. Agencies thus face an important strategic choice between informal rulemaking and avoidance. To study this choice, we analyze a model of rulemaking with exemption and empirically analyze agency avoidance. Our model implies that more biased agencies engage in less avoidance, as they face more skepticism from the courts and, thus, require support from group comments to have their rules upheld. Empirically, we find support for this prediction. As for policy implications, we show it is more beneficial to allow exemptions when the agency is more biased.
期刊介绍:
The Journal of Theoretical Politics is an international journal one of whose principal aims is to foster the development of theory in the study of political processes. It provides a forum for the publication of original papers seeking to make genuinely theoretical contributions to the study of politics. The journal includes rigorous analytical articles on a range of theoretical topics. In particular, it focuses on new theoretical work which is broadly accessible to social scientists and contributes to our understanding of political processes. It also includes original syntheses of recent theoretical developments in diverse fields.