O V E R V I E W
General Introduction
Sponsoring Organizations
President Obama recently emphasized that
government should be both participatory
and collaborative. Collaboration, when properly executed, expands the information and
insight that is available to agencies, and the
focused deliberation can result in policies
that would be difficult to achieve otherwise.
The essence of collaboration is the bilateral
nature of the discussions, with the agency
engaging in a give and take, instead of simply
informing itself to make the decision alone.
Collaboration can take many forms and
be employed throughout the regulatory
process: it might be a scoping session to develop the issues that need to be taken into
account in a new rule; it might be a policy
dialogue or roundtable in which the science or
other important components are discussed;
it might be recommendations to the agency
concerning a proposed rule; or, indeed, the
collaboration might be entirely within the
private sector to establish a policy in lieu
of mandatory regulation. While these are
certainly helpful in informing the agency,
they stop short of securing the ultimate benefit of collaboration: an actual agreement
on the major provisions of a new policy.
On the other hand, if not used properly, a collaborative approach can waste
valuable time or lead to deficient decisions. Thus, doing right and in the right
situations is critically important.
This timely program will explore
the regulatory use of collaborative
governance and develop recommendations for its appropriate use.
Center for the Study of Dispute Resolution (CSDR) of
the University of Missouri. It is perennially ranked among
the top dispute resolution programs in the country and has
been a leader in ADR for well more than a decade. The
mission of the CSDR is to develop and promote: appropriate methods for understanding, managing and resolving
domestic and international conflict; and the use of dispute
resolution techniques to enhance informed decisionmaking.
This includes public policy and group decisionmaking and
the relationship of democracy and dispute resolution. For
a more extensive description, see law.missouri.edu/csdr.
Collaborative
Governance:
The Future of Regulation
An Interdisciplinary and International Review
Center for the Study of Rulemaking of American
University. The Center has been a creative force in examining a variety of issues with respect to administrative
rulemaking. Its conferences and recommendations to
improve the processes and techniques used by agencies
of government to develop regulations are well known.
Among its goals are: examine early and informal public
participation in rulemaking and the implications of eRulemaking and early participation with small governments
and business; involvement of the public in the development of rules, including electronic means of participamailer
tion; management
systems used by government agencies
to support their rulemaking programs; cross-agency and
intergovernmental systems to promote collaboration and
coordination in rulemaking; the development of federal
managers who have primary or major responsibilities related to management of rulemaking processes; and the
systematic evaluation of different processes for developing,
implementing and enforcing rules and regulations. For a
more extensive description, see american.edu/rulemaking.
The Section of Administrative Law and Regulatory
Practice of the American Bar Association. The purpose
of the Section is: (1) to promote the sound development
of local, state and federal administrative law, procedure
and practice; (2) to promote regulatory reform through
advancing the principles and gains made under the Administrative Procedure Act and to seek improvements
thereof; (3) to bring about improvements in the operations
and procedures of local, state and federal administrative
agencies; (4) to bring about improvements in government personnel procedures, selection and operations; (5)
improve the skills of lawyers engaged in administrative
law and regulatory practice and (6) to promote scholarly
research in the field of administrative law and provide for
the publication of this research and other helpful information, or otherwise provide for its dissemination to the bar.
For a more extensive description, see abanet.org/adminlaw.
Sponsored by
Center for the Study of Dispute R esolution
University of M issouri School of L aw
The Section of Administrative Law and Regulatory
Practice of the American Bar Association
Center for the Study of Dispute Resolution
University of Missouri School of Law
206 Hulston Hall
Columbia, MO 65211
S Y M P O S I U M
The Center for the Study of Rulemaking
April 2-3, 2009
Abramson Family Recital Hall | The Katzen Arts Center
American University
Ward Circle | Massachusetts and Nebraska Avenues
Washington, D.C.
C O L L A B O R A T E
➊
Panel 1 will explore the use of
collaboration to set policy. As such, it will
consider just what we mean by the term
collaborative governance. It will review
when its use is appropriate and when
it is perhaps inappropriate. Are there
procedures that should be followed to
ensure its legitimacy? If so, what are they?
➋
Panel 2 will consider how are collaborative
agreements implemented – who has what
types of obligations. It will also consider
how they are enforced if they do not result
in a mandatory requirement. And even
if they do, does the fact that the policy
resulted from a collaborative process
affect the nature of judicial review?
Ansell
Arbuckle
Bingham
G O V E R N A N C E :
Durant
Thursday, April 2
1:00 pm Welcome
be necessary in our current institutions
to foster the greater use of collaborative
governance. For example, should we
create incentives for it or at least remove
policies that actively inhibit its use? Does
it adversely affect the ability of an agency
to decisively address pressing issues,
or does it enhance that ability? Does
collaboration change the relationship of
the agency or its staff to players in the
private sector? If so, is that good or bad?
Harter
F U T U R E
Herz
O F
R E G U L A T I O N Kerwin
Lubbers
4:30 pm Break
4:45 pm
S Y M P O S I U M
Meidinger
Rosenbloom
A G E N D A
Russell-Einhorn
Steinzor
Sunstein
Malcolm Russell-Einhorn Director, Center for
International Development, Rockefeller College of Public
Affairs and Policy, University at Albany Law School,
State University of New York
Cornelius M. Kerwin President and Professor (and
former Dean) of Public Administration, American
University; founder of the Center for the Study of
Rulemaking
➋ Panel 2: Implementation
10:00 am Break
Philip J. Harter Earl F. Nelson Professor of Law,
University of Missouri; Senior Fellow, Center for the
Study of Dispute Resolution; Chair, Collaborative
Governance Committee of the Section of Administrative
Law of the American Bar Association
Neil R. Eisner Assistant General Counsel for
Regulation and Enforcement, U.S. Department of
Transportation
11:00 am
What It Takes to Do It Right:
25 Years of Ruminations on Collaborative
Governance
1:15 pm Introduction and Overview:
Setting the Stage and Posing
the Questions
Cornelius M. Kerwin
and Enforcement
Michael Herz Vice Dean, Professor of Law and
Director, Floersheimer Center for Constitutional
Democracy, Benjamin N. Cardozo School of Law
Errol Meidinger Professor and Vice Dean, University
at Buffalo Law School, State University of New York
6:30 pm R
ECEPTION
President’s Office Building
1:45 pm Break
2:00 pm
➌
Panel 3 will address what changes might
Eisner
T H E
Friday, April 3
➊ Panel 1: Making Policy
8:30 am
Christopher Ansell Associate Professor of Political
Science, University of California, Berkeley
➌ Panel 3: Legal and
Lisa Blomgren Bingham Keller-Runden Professor
of Public Service and Director of the Indiana Conflict
Resolution Institute (ICRI) at the School of Public and
Environmental Affairs, Indiana University
Jeffrey S. Lubbers Fellow in Law and Government,
Washington College of Law, American University; CoDirector, Center for the Study of Rulemaking
Nikolai Malyshev Senior Economist, Regulatory
Policy Division, Public Governance and Territorial
Development, Organisation for Economic Co-operation
and Development (OECD)
Rena I. Steinzor Jacob A. France Research Professor,
University of Maryland School of Law, and President of
the Center for Progressive Reform (CPR)
Institutional Changes Necessary
for Collaborative Governance
Donald R. Arbuckle Clinical Professor of Public
Administration, School of Economic, Political, and Policy
Sciences, University of Texas at Dallas; formerly, Deputy
Administrator, Office of Information and Regulatory
Affairs of the Office of Management and Budget
Robert F. Durant Professor, School of Public Affairs,
American University
David H. Rosenbloom Distinguished Professor of
Public Administration, American University; Co-Director,
Center for the Study of Rulemaking
Philip J. Harter
Followed by an overview of major points raised at the
conference and a group discussion and Q&A
Noon L
UNCH
Kreeger Lobby of the Katzen Arts Center
Cass R. Sunstein (invited)
Announced Nominee, Director of Office of Information
and Regulatory Affairs of the Office of Management and
Budget
1:30 pm
Small group breakout sessions:
Developing Recommendations
2:30 pm
Plenary Session:
Reporting back and discussing
recommendations
4:00 pm
Adjourn