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Organizational Process, Rulemaking Pace, and the Shadow of Judicial Review
Author(s) -
Carrigan Christopher,
Mills Russell W.
Publication year - 2019
Publication title -
public administration review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.721
H-Index - 139
eISSN - 1540-6210
pISSN - 0033-3352
DOI - 10.1111/puar.13068
Subject(s) - rulemaking , pace , agency (philosophy) , scholarship , law and economics , political science , shadow (psychology) , process (computing) , administrative law , dimension (graph theory) , predictability , work (physics) , structuring , public administration , law , public relations , sociology , computer science , psychology , engineering , social science , mathematics , geodesy , pure mathematics , psychotherapist , geography , operating system , mechanical engineering , physics , quantum mechanics
Scholars have long understood that structuring internal work processes into more hierarchical or team‐based arrangements has consequences for organizational outputs. Building on this insight, this research examines the relationship between how agencies organize their rulemaking routines and the resulting rules. Tracking the job functions of rule contacts for economically significant rules proposed over a four‐year period, the analysis demonstrates that expanding the breadth of personnel types closely involved in a rulemaking is associated with a reduction in the time it takes to promulgate the rule. However, increasing the pace at which rules are finalized is not without cost, as those completed faster appear more likely to be overturned when challenged in court. The article not only adds another dimension to empirical scholarship studying rulemaking, which has largely focused on how forces originating outside the agency affect rules, but also suggests the importance of considering competing priorities in designing rulemaking processes .