Visual Rulemaking

10 Pages Posted: 9 Sep 2018

See all articles by Elizabeth G. Porter

Elizabeth G. Porter

University of Washington School of Law

Kathryn A. Watts

University of Washington - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: August 1, 2018

Abstract

Visual politics are seeping into the technocracy. Rulemaking stakeholders — including agencies, the President, and members of the public — are deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. These images, GIFs, and videos usually do not make it into the official rulemaking record, so this new “visual rulemaking” world has not been discussed much by scholars or others. In this article, we explore the new visual rulemaking culture that emerged in Obama’s presidency, providing examples and discussing relevant policy implications. Although we recognize some risks, we argue that, on balance, visual rulemaking is a good thing because it can further transparency, accountability, and participation. Our article is adapted from a much longer one, Visual Rulemaking, 91 N.Y.U. L. Rev. 1183-1278 (2016), https://ssrn.com/abstract=2799334.

Keywords: multimedia, visual media, video, social media, neuroscience, cognitive psychology, brain, administrative law, lobbying, government information, advocacy, regulation

Suggested Citation

Porter, Elizabeth G. and Watts, Kathryn A., Visual Rulemaking (August 1, 2018). Environmental Law Reporter, Vol. 48, No. 8, Pp. 10,698-706, 2018; University of Washington School of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3239547

Elizabeth G. Porter

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206-616-7115 (Phone)

HOME PAGE: https://www.law.washington.edu/directory/profile.aspx?ID=513

Kathryn A. Watts (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

HOME PAGE: https://www.law.washington.edu/directory/profile.aspx?ID=254

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