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Dispute Resolution and Arbitration

Administrative Law

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Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese Apr 1997

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

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Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated. Negotiated …


Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr. Mar 1987

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.

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No abstract provided.


Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr. Mar 1986

Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.

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No abstract provided.


Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr. Mar 1986

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.

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No abstract provided.