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.

    David Dapice, May 2012 

    There is an immense challenge facing the leadership in Myanmar. They have to negotiate a nation and to reform the basic assumptions and processes that have ruled for the past decades. They need to make the new system more representative, more inclusive, less favorable to a narrow group of businessmen and government or army officials, and more broadly successful. The new system has to give minority groups a reason to want to be part of the new nation. That means not only creating new sources of growth and wealth, but also making rules that ensure the benefits go to many more than the relatively narrow groups who have largely benefitted in the past. The technical adjustments needed in the exchange rate, the financial system, taxing and spending, infrastructure investments, and competition policy will all ultimately be judged on the ability of the policy package to create the conditions for national unity and progress. The government needs to have a vision of this goal and how the pieces fit together. Getting it to work in a shaky world economy with new and still evolving institutions is a huge challenge. But for those who have seen the past clearly for what it was, there can be no doubt that moving forward together is better than going back or staying put.

    in Program, Innovations Government. 2008. “Celebrating 20 Years of Government Innovation ”. Read the full report Abstract

    Innovations in Government Program, March 2008 

    This report offers findings and subsequent analysis of the winners of the Innovations in American Government (IAG) Awards honored between 1986 and 2007. The findings were released at the Institute’s “Frontiers of Innovation: Celebrating 20 Years of Innovation in Government” conference held March 31 through April 2, 2008.

    Gilberto Garcia, July 2005 

    After analyzing 271 government programs qualified as innovative through having won a national government and local management award in Mexico, and submitting a questionnaire to the 79 persons responsible for some of the best practices in the municipal government in the years 2001, 2002, and 2003, this paper identifies and analyzes variables that have a bearing on the emergence and sustainability of the innovation process in Mexico’s local governments. The results show paradoxes in the process of innovation of organizations needing to accomplish increasingly complex objectives through a lack of mechanisms to accrue intermediate and long-term technical expertise, as well as organizational learning. This paper also describes the differences in the process of innovation according to three contextual variables: organization capability, institutional development, and political and electoral competition.