POSC 186 First Midterm Review Sheet W14(1)-1

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<p>First Exam Review SheetPOSC 186: Regulation: a Political PerspectiveU.C. Riverside, Dr. Bordner</p> <p>Please note: Students are responsible for reading and knowing what is contained in all of the assigned chapters, as well as anything covered in class discussions, lectures, hand-outs, and discussion sections. This review sheet is not meant to be all inclusive, but rather a general guide as to the types of things that may be included on the exam.</p> <p>The Constitution: Three Separate Branches. Separation of Powers. The Fourth Branch of Government.Interpret, Implement, and Enforce Laws.Enact Rule. Article I, Section 8: Powers of the Congress.</p> <p>Congress: Lawmaking and Oversight.</p> <p>Bureaucratic history.</p> <p>Spoils SystemCivil Service Reform Act of 1883.Civil Service Reform Act of 1978.The Office of Personnel Management.</p> <p>Modern attempts are Bureaucratic Reform: Sunshine Laws. Sunset Laws.Privatization.Incentives for Efficiency and Productivity. Whistleblowers. Congressional Review Act of 1997. Enabling Legislation. Iron Triangles. Issue Networks.</p> <p>Max Weber: Four things bureaucracys possess: Hierarchy. Specialization. Rules and Regulations. Neutrality.</p> <p>Three Models of Bureaucracy: Weberian. Acquisitive. Monopolistic.</p> <p>Organization of the Bureaucracy: Executive Departments. Independent Agencies. Independent Regulatory Agencies. Government Corporations.</p> <p>A Rule. (Define it!)</p> <p>Why Rule-Making? (Why does it exist?)</p> <p>Three Major Types or Categories of Rules: Legislative or Substantive Rules. Interpretive Rules Procedural Rules.</p> <p>What and Whom Do Rules Affect? Regulating Corporate Behavior:Regulating Public Behavior Regulate Doing business with the Government. Regulate how government agencies are supposed to operate.</p> <p>Making Law, Implementing Law, and Enforcing Law Is it Democratic? The difference between implementing and making law.</p> <p>The Players or Actors involved in Regulation: The Congress The Executive The Courts Interest Groups</p> <p>What is Bureaucratic Discretion?</p> <p>The Administrative Procedures Act.</p> <p>What are the Core Elements of Rulemaking: Information. Participation. Accountability.</p> <p>What are the different types of Information.</p> <p>What are Information Statutes and Information Requirements.</p> <p>How do the following impact agencies: Participation. Accountability. Exceptions and Evasions.</p> <p>Types of Participation: Oral or written communications and consultation. Investigations. Conferences. Advisory Committees. Hearings: Formal and Informal. Also: Direct Bargaining.</p> <p>Avoidance of rulemaking.</p> <p>Does Participation matter?</p> <p>The Formal Stages of Rulemaking:The Origin of Rulemaking Activity.Origin of Individual Rulemaking.Authorization to Proceed with Rulemaking.Planning the Rulemaking.Developing the Draft Rule.Internal Review of the Draft Rule.External Review of the Draft Rule.Revision and Publication of a Draft Rule.Public Participation.Action on the Draft Rule.Post-Rulemaking Activities.</p> <p>What types of things impact the volume of rulemaking?</p> <p>What do we mean when we say rules should be effective, efficient, and predictable?</p> <p>Simplicity vs. Complexity in rulemaking.</p> <p>Timeliness. Does it matter?</p> <p>Is rulemaking controversial? If so, in what ways, and why?</p> <p>The Agency Cost of Rulemaking.Bureaucratic Discretion.</p> <p>Management of Rulemaking occurs on three levels: The level of the White House. At the Agency. Within the Agency.</p> <p>The Level of the White House: Regulatory Council. Regulatory Analysis Review Group. The Office of Management and Budget.</p> <p>President Carters Five Principles for Guiding Rulemaking: Oversight of rulemaking by agency heads. Increased public participation in the development of rules. Regulatory Analysis. Sunset Review for Obsolete Rules. Plain English rules.</p> <p>Other presidential reforms since President Carter.</p> <p>Agency Management: Deciding whether to Rule-Make or Not. Role of Politics. When Rulemaking is Initiated:Initial Approvals.Early Input.Planning Documents.Concurrence.The Public.Data Collection and Analysis.The Rule.</p> <p>Within the Agency:Working Groups: The use of working groups, as well as the concepts of Leadership, Membership and Management of working groups.Vertical and horizontal reviews.</p> <p>Five Types of Information in Rulemaking:Legal Information.Policy Information.Technical Information.Political Information.Managerial Information.</p> <p>Oversight of Rulemaking:Executive Accountability:Congressional Accountability:Judicial Accountability:Theories of Accountability: Principle Agent Theory.- Police Patrol and Fire Alarm Oversight.Accountability to President. Cost Benefit Analysis.</p> <p>Structure of the Federal Courts.</p> <p>Standing to Sue.</p> <p>Hammers and deadlines.</p> <p>Why is regulation a political process?</p> <p>1</p>