Authors: Cary Coglianese
Center for Business and Government, John F. Kennedy School of Government
In this article, the author argues for increased use of empirical analysis to evaluate how well institutional procedures and designs achieve public goals. Social science research strategies provide an important basis for evaluating the effects of various kinds of procedures on administrative rulemaking. After introducing some basic concepts and issues in empirical research on administrative law, he proceeds in the remaining parts to illustrate the value of empirical analysis by focusing on three salient aspects of regulatory procedure: economic analysis of new agency rules; judicial review of agency rules; and negotiated rulemaking. In these and other areas, empirical analysis provides decision makers and scholars with the means for making more informed choices about how to design effective and legitimate governing institutions.
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