Publications

    Democratizing the Federal Regulatory Process: A Blueprint to Strengthen Equity, Dignity, and Civic Engagement through Executive Branch Action

    Archon Fung, Hollie Russon Gilman, and Mark Schmitt; September 2021 

    While legislation tends to get more attention, the regulatory process within the executive branch is at the core of day-to-day democratic governance. Federal regulation and rule-making engages dozens of agencies and affects every American. In writing the rules and regulations to implement laws, revise standards, and exercise the substantial authority granted to the presidency, the agencies of the federal government set directions, priorities, and boundaries for our collective life. At times, the regulatory process has moved the country in the direction of greater justice, equality, and security. At other times, it has pulled us in other directions, often with little public engagement or debate.

    The Biden-Harris administration acknowledged the centrality of the regulatory process with two actions on the President’s first day in office. The first called for modernizing the regulatory review process, particularly the central oversight role of the Office of Information and Regulatory Affairs (OIRA). The second was an executive order calling on the federal government to support underserved communities and advance racial equity. To understand the challenges to and advantages of a reformed regulatory review process, New America’s Political Reform Program and the Ash Center for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government convened a group of academic experts from across the country to share their findings on the state of regulatory review and to identify alternative measures of not just the cost of regulations, but also the distributional impact of their costs and benefits. These experts specialize in administrative law, economic analysis, public participation, and regulatory review, and their work covers policy areas including patent law, healthcare, and environmental justice.

    Legislative Negotiation Project, February 2019 

    This multimedia case, a product of the Legislative Negotion Project, focuses on the key decision points leading up to the unlikely passage in 2014 of the bipartisan Water for the World Act in the U.S. Congress. It features interviews with members of the House and the Senate, Congressional staffers, advocates and lobbyists. Through seven short videos to be played in class, faculty and students can explore the challenges of bipartisan negotiation in a highly polarized legislative environment, and of strategies to increase the chance for success when the only way to pass legislation is through bipartisanship.

    Legislative Negotiation Project, January 2019 

    This multimedia case, a product of the Legislative Negotiation Project, provides a lively portrait—from multiple points of view—of the creative bipartisan negotiations in both the Oregon House and Senate that ultimately led to passage of the 2017 Equal Pay Act. The case helps participants gain insights on the benefits and risks of bipartisanship, how a culture of bipartisanship is created, and strategies to resolve thorny issues and maintain support from political allies.

    Legislative Negotiation Project, May 2018 

    The case, a product of the Legislative Negotiation Project, describes how state legislators in Utah, a very conservative state, assembled a “Coalition of the Willing”— Republican and Democratic representatives alongside religious, civic and business leaders—to negotiate a bipartisan compromise to address the emotionally-charged issue of immigration reform in 2010-2011. The case illuminates issues such as: diagnosing the barriers to agreement; understanding the role of the Utah Compact in shaping the negotiation strategy and trajectory of the 2010-2011 legislation; showing how a focus on problem framing brings more people to the table and creates the conditions for buy-in of an acceptable compromise solution.