Analyzing Public Comments

Law as Data pp. 233–271
DOI: 10.37911/9781947864085.09

9. Analyzing Public Comments

Authors: Vlad Eidelman, Fiscal Note; Brian Grom, Fiscal Note; and Michael A. Livermore, University of Virginia

 

Excerpt

The public comment process is one of the hallmarks of the American administrative state. As the informal notice-and-comment rulemaking procedure has grown into one of the most important national policymaking venues, the public comments process has become a forum for both organized interest groups and ordinary individuals to engage in public deliberation and political debate. In recent years, as both the ease of participation and interest in rulemaking have grown, there has been an explosion of public participation, and agencies now receive millions of comments from the public each year concerning proposed agency actions. These comments are voluntarily generated by individuals and organizations representing a vast diversity of interests—from large industrial trade associations representing businesses with billions of dollars at stake to individual citizens who have an interest in a particular regulatory outcome.

At the same time that agencies find themselves deluged in public comments, recent advances in machine learning and natural language processing have made powerful text analysis tools more broadly available. Both commercial enterprises and academic researchers have recently begun to put these tools to use in a variety of settings, from tracking employee morale based on email communications to testing the relationship between online blogging and political opinions. Computational text analysis of public comments, however, is relatively rare, leaving largely untapped a substantial resource for both scholars and policymakers.

Public comments are a valuable source of data that can be used to empirically examine how bureaucratic institutions interact with the public. As a form of political participation that is unique to the bureaucratic setting, commenting behavior is an interesting and important phenomenon in its own right and provides information on how agencies and their actions shape and are shaped by the publicly expressed views of individuals and groups. In recent years, a small number of political scientists and others interested in bureaucratic behavior have begun to take advantage of public comments to study agencies—work that can be substantially facilitated by leveraging new tools in computational text analysis.

Bibliography

Aberbach, J. D., and B. A. Rockman. 2006. “The Past and Future of Political–Administrative Relations: Research from Bureaucrats and Politicians to ‘In the Web of Politics’—And Beyond.” International Journal of Public Administration 29 (12): 977–995.

Baekgaard, M., J. Blom-Hansen, and S. Serritzlew. 2015. “When Politics Matters: The Impact of Politicians’ and Bureaucrats’ Preferences on Salient and Nonsalient Policy Areas.” Governance 28 (4): 459–474.

Balla, S. J. 1998. “Administrative Procedures and Political Control of the Bureaucracy.” American Political Science Review 92 (3): 663–673.

Bateman, D. A., and J. Lapinski. 2016. “Ideal Points and American Political Development: Beyond DW-NOMINATE.” Studies in American Political Development 30 (2): 147–171.

Bendor, J., and A. Meirowitz. 2004. “Spatial Models of Delegation.” American Political Science Review 98 (2): 293–310.

Blei, D. M. 2012. “Probabilistic Topic Models.” Communications of the ACM 55 (4): 77–84.

Bonica, A., J. Chen, and T. Johnson. 2012. Automated Methods for Estimating the Political Ideology of Individual Public Bureaucrats Across Time and in a Common Ideological Space. Paper presented at the Annual Summer Meeting of the Society for Political Methodology, July 2003, Chapel Hill, NC.

Boustead, A. E., and K. D. Stanley. 2015. “The Legal and Policy Road Ahead: An Analysis of Public Comments in NHTSA’s Vehicle-to-Vehicle Advance Notice of Proposed Rulemaking.” Minnesota Journal of Law, Science & Technology 16 (2): 693–733.

Brehm, J. O., and S. Gates. 1999. Working, Shirking, and Sabotage: Bureaucratic Response to a Democratic Public. Ann Arbor, MI: University of Michigan Press.

Carpenter, D. P. 2001. The Forging of Bureaucratic Autonomy: Reputations, Networks, and Policy Innovation in Executive Agencies, 1862–1928. Princeton, NJ: Princeton University Press.

———. 2014. Reputation and Power: Organizational Image and Pharmaceutical Regulation at the FDA. Princeton, NJ: Princeton University Press.

Clinton, J. D., A. Bertelli, C. R. Grose, D. E. Lewis, and D. C. Nixon. 2012. “Separated Powers in the United States: The Ideology of Agencies, Presidents, and Congress.” American Journal of Political Science 56 (2): 341–354.

Clinton, J. D., and D. E. Lewis. 2008. “Expert Opinion, Agency Characteristics, and Agency Preferences.” Political Analysis 16 (1): 3–20.

DeMuth, C. 2016. “Can the Administrative State be Tamed?” Journal of Legal Analysis 8 (1): 121–190.

Devins, N., and D. E. Lewis. 2008. “Not-So-Independent Agencies: Party Polarization and the Limits of Institutional Design.” Boston University Law Review 88 (2): 459–498.

Epstein, D., and S. O’Halloran. 1996. “Divided Government and the Design of Administrative Procedures: A Formal Model and Empirical Test.” Journal of Politics 58 (2): 373–397.

Farina, C. R., M. J. Newhart, C. Cardie, D. Cosley, and Cornell eRulemaking Initiative. 2011. “Rulemaking 2.0.” University of Miami Law Review 65 (2): 395–448.

Farina, C. R., M. Newhart, and J. Heidt. 2012. “Rulemaking vs. Democracy: Judging and Nudging Public Participation that Counts.” Michigan Journal of Environmental & Administrative Law 2 (1): 123–172.

Fiorina, M. P., and R. G. Noll. 1978. “Voters, Bureaucrats and Legislators: A Rational Choice Perspective on the Growth of Bureaucracy.” Journal of Public Economics 9 (2): 239–254.

Furlong, S. R., and C. M. Kerwin. 2005. “Interest Group Participation in Rule Making: A Decade of Change.” Journal of Public Administration Research and Theory 15 (3): 353–370.

Gailmard, S., and J. W. Patty. 2007. “Slackers and Zealots: Civil Service, Policy Discretion, and Bureaucratic Expertise.” American Journal of Political Science 51 (4): 873–889.

Golden, M. M. 1998. “Interest Groups in the Rule-Making Process: Who Participates? Whose Voices Get Heard?” Journal of Public Administration Research and Theory 8 (2): 245–270.

Goodnow, F. J. 1900. Politics and Administration: A Study in Government. New York, NY: The Macmillan Company.

Imbeau, L. M., F. Pétry, and M. Lamari. 2001. “Left–Right Party Ideology and Government Policies: A Meta-Analysis.” European Journal of Political Research 40 (1): 1–29.

Kagan, E. 2001. “Presidential Administration.” Harvard Law Review 114 (8): 2246–2320.

Knill, C., M. Debus, and S. Heichel. 2010. “Do Parties Matter in Internationalised Policy Areas? The Impact of Political Parties on Environmental Policy Outputs in 18 OECD Countries, 1970–2000.” European Journal of Political Research 49 (3): 301–336.

Krawiec, K. D. 2013. “Don’t ‘Screw Joe the Plummer’: The Sausage-Making of Financial Reform.” Arizona Law Review 55 (1): 53–103.

Lewis, D. E. 2003. Presidents and the Politics of Agency Design: Political Insulation in the United States Government Bureaucracy, 1946–1997. Palo Alto, CA: Stanford University Press.

———. 2007. “Testing Pendleton’s Premise: Do Political Appointees Make Worse Bureaucrats?” Journal of Politics 69 (4): 1073–1088.

———. 2008. The Politics of Presidential Appointments: Political Control and Bureaucratic Performance. Princeton, NJ: Princeton University Press.

Livermore, M. A. 2014. “Cost–Benefit Analysis and Agency Independence.” University of Chicago Law Review 81 (2): 609–688.

Livermore, M. A., V. Eidelman, and B. Grom. 2018. “Computationally Assisted Regulatory Participation.” Notre Dame Law Review 93 (3): 977–1034.

Martin, A. D., and K. M. Quinn. 2002. “Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the US Supreme Court, 1953–1999.” Political Analysis 10 (2): 134–153.

McCubbins, M. D., R. G. Noll, and B. R. Weingast. 1987. “Administrative Procedures as Instruments of Political Control.” Journal of Law, Economics, & Organization 3 (2): 243–277.

McKay, A., and S. W. Yackee. 2007. “Interest Group Competition on Federal Agency Rules.” American Politics Research 35 (3): 336–357.

Mendelson, N. A. 2011. “Rulemaking, Democracy, and Torrents of E-Mail.” George Washington Law Review 79 (5): 1343–1380.

Nixon, D. C. 2004. “Separation of Powers and Appointee Ideology.” Journal of Law, Economics, & Organization 20 (2): 438–457.

Poole, K. T. 2005. Spatial Models of Parliamentary Voting. Cambridge, UK: Cambridge University Press.

Prendergast, C. 2007. “The Motivation and Bias of Bureaucrats.” American Economic Review 97 (1): 180–196.

Wood, B. D., and R. W. Waterman. 1991. “The Dynamics of Political Control of the Bureaucracy.” American Political Science Review 85 (3): 801–828.

Yackee, S. W. 2005. “Sweet-Talking the Fourth Branch: The Influence of Interest Group Comments on Federal Agency Rulemaking.” Journal of Public Administration Research & Theory 16 (1): 103–124.

———. 2015. “Participant Voice in the Bureaucratic Policymaking Process.” Journal of Public Administration Research & Theory 25 (2): 427–449.

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