Can Bargaining and Negotiation Change the Administrative Process?

Environmental Impact Assessment Review, Vol. 3, p. 373, 1982

Suffolk University Law School Research Paper

15 Pages Posted: 4 Jan 2013

See all articles by Marc A. Rodwin

Marc A. Rodwin

Suffolk University Law School; Harvard University - Edmond J. Safra Center for Ethics

Date Written: 1982

Abstract

This article evaluates proposals to use regulatory negotiation to improve the administrative law rulemaking under the federal Administrative Procedure Act. It explores the limitations of current approaches to negotiating disputes over public policy. It highlights several problems with representing groups to negotiate public policies as well as problems arising from market failure and ideology. It draws lessons from the experience of group representation in Europe and Japan and efforts to promote democratic participation in the United States. It discusses the significant limitations in changing procedural rules as a means to make the administrative process more democratic and accountable.

Suggested Citation

Rodwin, Marc A., Can Bargaining and Negotiation Change the Administrative Process? (1982). Environmental Impact Assessment Review, Vol. 3, p. 373, 1982; Suffolk University Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=2196523

Marc A. Rodwin (Contact Author)

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