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

August 2014
Citation:
44
ELR 10670
Issue
8
Author
Cynthia R. Farina, Mary Newhart, and Josiah Heidt

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.

Cynthia R. Farina is the William G. McRoberts Research Professor in Administration of the Law, Cornell University. Mary Newhart is the Executive Director and Senior Researcher, Cornell eRulemaking Initiative. Josiah Heidt is the 2011-2012 E-Government Fellow, Cornell eRulemaking Initiative.

Article File