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1994

Regulation

Law and Contemporary Problems

Articles 1 - 8 of 8

Full-Text Articles in Law

Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh Oct 1994

Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh

Law and Contemporary Problems

The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.


The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin Oct 1994

The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin

Law and Contemporary Problems

The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.


Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney Oct 1994

Private Accreditation As A Substitute For Direct Government Regulation In Public Health Insurance Programs: When Is It Appropriate?, Eleanor D. Kinney

Law and Contemporary Problems

The appropriateness of the use of private accreditation in regulating and defining the quality of health care providers under government health insurance programs is examined. The characteristics of health care institutions and the patients they serve are important considerations.


Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott Apr 1994

Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott

Law and Contemporary Problems

Reflections are presented on how Pres Clinton should improve the deeply troubled relationship between the OMB and other government agencies. No president would dream of abolishing review of agency actions by the OMB.


Strategic Regulators And The Choice Of Rulemaking Procedures: The Selection Of Formal Vs. Informal Rules In Regulating Hazardous Waste, James T. Hamilton, Christopher H. Schroeder Apr 1994

Strategic Regulators And The Choice Of Rulemaking Procedures: The Selection Of Formal Vs. Informal Rules In Regulating Hazardous Waste, James T. Hamilton, Christopher H. Schroeder

Law and Contemporary Problems

The selection of decisionmaking procedures by regulatory agencies is examined, using the EPA and its implementation of the Resource Conservation and Recovery Act as a source of data. The role that congressional selection of agency procedures plays in the efforts of Congress to control agency policy is refined.


Improving The Environment Of Agency Rulemaking: An Essay On Management, Games, And Accountability, Jerry L. Mashaw Apr 1994

Improving The Environment Of Agency Rulemaking: An Essay On Management, Games, And Accountability, Jerry L. Mashaw

Law and Contemporary Problems

Rulemaking by federal administrative agencies tends to be viewed more as a problem than as a solution today. It is argued that if policymaking by rule has become moribund, there is a need to reconsider the structure of agency rulemaking as a mechanism of governance.


Anatomy Of A Regulatory Program: Comment On “Strategic Regulators And The Choice Of Rulemaking Procedures”, Jeffrey S. Lubbers Apr 1994

Anatomy Of A Regulatory Program: Comment On “Strategic Regulators And The Choice Of Rulemaking Procedures”, Jeffrey S. Lubbers

Law and Contemporary Problems

James Hamilton and Christopher Schroeder's (1994) article on agency behavior shed light on the issue of whether agency rulemaking may be "ossifying." Certain types of agency rules are much more likely to be accompanied by at least one guidance document.


On Pressing Mcnollgast To The Limits: The Problem Of Regulatory Costs, Michael Asimow Jan 1994

On Pressing Mcnollgast To The Limits: The Problem Of Regulatory Costs, Michael Asimow

Law and Contemporary Problems

The rationale for and the utility of the procedures that an administrative agency must follow in order to adopt rules are discussed. The Administrative Procedure Act's rulemaking procedure is examined for cost effectiveness.