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Yeshiva University, Cardozo School of Law

2021

ACUS

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Full-Text Articles in Law

Mass Comments’ Opportunity Costs, Michael Herz Dec 2021

Mass Comments’ Opportunity Costs, Michael Herz

Online Publications

Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But that conceptualization presents a challenge when an agency is confronted with mass comments. If agencies are not counting but reading comments, and if mass comments are duplicative and often devoid of content beyond a strong expression of values or preference, then what do they add?