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Articles 1 - 7 of 7
Full-Text Articles in Law
Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese
Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese
Duke Law Journal
Negotiated rulemaking appears by most accounts to have come of age. A procedure that once seemed confined to discussion among administrative law scholars has in the past decade captured the attention of policymakers throughout the nation's capital. Congress officially endorsed regulatory negotiation in the Negotiated Rulemaking Act of 1990, and it permanently reauthorized the Act in 1996. Over the past few years, the executive branch has visibly supported regulatory negotiation, both through the Clinton administration's National Performance Review (NPR) and through specific presidential directives to agency heads. Congress has also begun to mandate the use of negotiated rulemaking by certain …
Bargaining Toward The New Millennium: Regulatory Negotiation And The Subversion Of The Public Interest, William Funk
Bargaining Toward The New Millennium: Regulatory Negotiation And The Subversion Of The Public Interest, William Funk
Duke Law Journal
No abstract provided.
Regulatory Negotiations And Other Rulemaking Processes: Strengths And Weaknesses From An Industry Viewpoint, Ellen Siegler
Regulatory Negotiations And Other Rulemaking Processes: Strengths And Weaknesses From An Industry Viewpoint, Ellen Siegler
Duke Law Journal
No abstract provided.
Fear Of Commitment: An Affliction Of Adolescents, Philip J. Harter
Fear Of Commitment: An Affliction Of Adolescents, Philip J. Harter
Duke Law Journal
No abstract provided.
Participation Run Amok: The Costs Of Mass Participation For Deliberative Agency Decisionmaking, Jim Rossi
Participation Run Amok: The Costs Of Mass Participation For Deliberative Agency Decisionmaking, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. The first section of the Article explores participation's value to agency governance. The second section of the Article presents three models of agency governance - expertocratic, pluralist, and civic republican - and discusses participation's importance to each model. The Article then posits a distinction between ordinary and constitutive agency decision-making, and explores how participation affects each for the three distinct models of agency governance. The implications of mass participation are explored in …
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Osgoode Hall Law Journal
The author examines recent cases that have transplanted the doctrine of legitimate expectations from British into Canadian law. He concludes that the doctrine has been applied in a confused way in this country, without proper consideration of its "fit" with the Canadian duty of fairness. He argues that the place of the doctrine should be to determine what fairness requires when statements or actions of a decisionmaker have led to a legitimate expectation. The suggestion that it should be an exception to the rule that legislative decisions do not attract the duty of fairness is rejected in favour of a …
The Maryland Administrative Procedure Act: Forty Years Old In 1997, Edward A. Tomlinson
The Maryland Administrative Procedure Act: Forty Years Old In 1997, Edward A. Tomlinson
Maryland Law Review
No abstract provided.