Three Controlling Disciplines  

 

                                                                          June 2017

This publication is the first time in the nearly half century of centralized regulatory review that the treatises, Archives, Reference Library, Histories and continuous updates thereto (OIRA Hall of Fame Library) that lead its creation have been  made available in one location. These work products are being made available to researchers at no cost in order to provide a platform for their informing the American public of the impact that centralized regulator review has on their daily activities. Hopefully current visitors to this website including Congressional and judicial staff, members of the press, federal regulators and a wide range of academic scholars will continue to benefit from the material presented herein.  Researchers are invited to visit the OIRA Reference Library which contains thousands of pages of source material on OIRA which is updated daily by CRE staff.

Scores of articles have been written on OIRA by legal academicians and far fewer, unfortunately, by other disciplines. The following introductory articles are the pacesetter’s of the latter category based on their emphasis on the evolution of OIRA. The inclusion of an introductory article does not necessarily mean that CRE agrees with all its content; instead it means that it is an accurate portrayal of the views of a number of relevant  observers at a given point in time, however accurate or inaccurate. A temporal review of the articles reveals the success OIRA has had in establishing itself as “the most important institutional feature of the regulatory state”.

An OIRA that is understood is an OIRA that is respected; the continued vetting of OIRA’s operations in a public forum will ultimately result in it having a national constituency—a condition necessary  for its sustainability. If you have an article which should be included in the OIRA Archives please contact CRE.  We have chosen the following previously published articles, most of recent vintage, to introduce the most comprehensive database available on the origins and impacts of centralized regulatory review.

Subsequent to the initial publication of this post whose introductory statements were limited to those of political scientists we expanded the opening statements to two additional disciplines.  Consequently we have  published and so categorized papers dealing with the evolution of centralized regulatory review into three contributing disciplines, political science, administrative law, and comparative administrative law. Each discipline brings a unique perspective to the subject of centralized regulatory review. That said we look forward to future contributions from the field of comparative administrative law since as of this date it has not had a major role in the design and implementation of centralized regulatory review.

 

                                                           The Evolution of OIRA    

 

Discipline: Social Sciences

                                                           

Rudalevige  2017   Beyond Structure and Process: Early Institutionalization of Regulatory Review

Author of Managing the President’s Program: Presidential Leadership and Legislative Policy Formulation which  was awarded the American Political Science Association’s Neustadt Prize as best book on the presidency published in 2002.

 

Eisner 2017     Regulatory Politics in an Age of Polarization and Drift: Beyond Deregulation

Dean of the Social Sciences and the Henry Merritt Wriston Chair of Public Policy at Wesleyan University, author or coauthor of nine books on topics ranging from the evolution of antitrust policy to the impact of war on statebuilding in the United States.

 

Sabin 2016     “Everything has a price”: Jimmy Carter and the Struggle for Balance in Federal

Regulatory Policy

Professor of History, Yale University. Author of scholarly articles on environmental and legal history and U.S. overseas expansion; his essays  have been published in the Boston Globe, Chronicle of Higher Education, Chicago Tribune and Legal Affairs.

 

Waterhouse  2013  Lobbying America: The Politics of Business from Nixon to NAFTA

This is a textbook written by a historian who describes in detail the procedures used by the regulated industry to affect federal regulatory policies. An unanticipated  component is a description of  the disappointment of the Business Roundtable and the National Association of  Manufacturers that the Reagan Administration spent its political capital on perfecting centralized regulatory review as opposed to enacting  regulatory reform legislation. The author concludes: “The industrial CEOs who fancied themselves the “voice of business” found themselves one voice among many vying for influence in an increasingly turbulent and unsettled economic landscape.”

 

Goodwin, Ainsworth, Goodwin 2012      Lobbying and Policymaking

A trio of political science professors produced a book based upon ten years of research which demonstrates the importance of a knowledge of “OIRA procedures”;  their research was supported by the National Science Foundation.

 

Shapiro  2011     OIRA Inside and Out

Former employee of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB). Conducted executive branch reviews of labor and health regulations and a professor of public policy at Rutgers University.

 

West   2005  The Institutionalization of Regulatory Review

A  professor of political science who has written extensively on the operation of federal agencies.  He directs the Master in Public Service and Administration Program at the Bush School of Government and Public Service, Texas A&M University,

 

Friedman 1995     Regulation in the Reagan-Bush Era: The Eruption of Presidential Influence

A professor of political science at the University System of Georgia. He published his dissertation titled Regulation in the Reagan‑Bush Era: The Eruption of Presidential Influence which was at the time of its publication one the most extensive ex post reviews of centralized regulatory review.

 

Helco  1975  OMB and the Presidency

A professor of Public Affairs at George Mason University. He was previously a professor of government at Harvard University and George Washington University.

 

Discipline: Administrative Law

 

Farber and O’Connell 2014   The Lost World of Administrative Law

Two law professors document why Administrative Law as presently taught  is becoming increasingly less relevant because it ignores the presence of institutions such as OIRA.

 

Percival  2011    Who is in Charge?

A published law professor identifies the Nixon Quality of Life Review as the first centralized regulatory review– a finding which was subsequently documented in extraordinary detail with the publication of OIRA’s Formative Years in the Administrative Law Review. The Quality of Life Review  was also the  most stringent of all centralized  regulatory reviews and was designed–but not implemented outside the Corps of Engineers– during the Johnson Administration. The early existence of the Quality of LIfe Review substantiates the point made by Professor Rudalevige above–it takes more than the signing of an Executive Order to create the most significant  institutional feature  of the administrative state.  The summation of the professor’s articles demonstrates the nearly overwhelming obstacles to the institutionalization of centralized regulatory review and therefore the need to have a knowledge of its alleged historical shortcomings  in order to ensure that it, and its offspring [Data Quality Act and  Regulatory Budget] continue to occupy a central presence in the management of the regulatory state.

 

Revesz and Livermore  2008    Rethinking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health

The work product of two professors of law whose writings transcend the minutiae of “litigation-only” thinking and instead focus on macro issues such as OIRA’s emphasis on conducting benefit-cost analysis of regulations.

 Library

 

Discipline: Comparative Administrative Law    

 

Chen   2017   Administrator-in-Chief

See this post.

Wiener Alemanno   2010       Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU.

This article is the work product of two professors who performed an in-depth comparison of centralized regulatory review in the US with that of the EU.  Published as a chapter in COMPARATIVE ADMINISTRATIVE LAW, Susan Rose-Ackerman & Peter Lindseth, eds., Edward Elgar, 2010

Francesco   2010  A Comparative Analysis of Administrative Innovations

The author  compares the  adoption patterns of four American-originated administrative innovations, i.e. freedom of information legislation,  office  of technology assessment, regulatory impact assessment, and environmental impact assessment, among EU and OECD member states

 

Marx    1942  Administrative Regulation in Comparative Perspective

A very early use comparative administrative law to delineate the difference between US and European approaches to regulation and control of the administrative state.

                                                            

                                                    New Entrants

                      This space reserved for post June 2017 Hall of Fame Publications         

                                                    

 

                                                   Supporting Statements

 

The Origin of Applying Benefit-Cost Analysis to Regulations

Seven Game Changers

OIRA Teaching Module

Copeland

Schmid: Origin of B/C Analysis for Regulations

Social Entrepreneurs and Management of the Regulatory State

Credentials OIRA Administrator

Observations Regulatory Reform

 

                                                   

                                                   Histories Compiled by CRE

 

Administrative Law Review

Notice and Comment

National Press

Oral Histories

OMB

 

                                                     OIRA Reference Library

 

Organizations interested in providing support for the continuance of the OIRA History Project should contact CRE.