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Fordham Law School

2015

Administrative Law; Jurisprudence; Legisprudence; Presidential Management; Unitary Executive; Office of Management and Budget; OMB; Office of Information and Regulatory Affairs; OIRA

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Regleprudence – At Oira And Beyond, Nestor M. Davidson, Ethan J. Leib Jan 2015

Regleprudence – At Oira And Beyond, Nestor M. Davidson, Ethan J. Leib

Faculty Scholarship

There are significant domains of legality within the administrative state that are mostly immune from judicial review and have mostly escaped the attention of legal theorists. While administrative law generally focuses on the products of agency action as they are reviewed by the judiciary, there are important aspects of regulatory activity that are legal or law-like but rarely interrogated by systematic analysis with reference to accounts about the role and nature of law. In this Article, we introduce a category of analysis we call "regleprudence," a sibling of jurisprudence and legisprudence. Once we explore some regleprudential norms, we delve into …