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Achieving Policymaking Consensus: The (Unfortunate) Waning Of Negotiated Rulemaking, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

Introduction: As the ADR movement made its way from the courts to the agency hearing rooms in the 1980s, negotiated rulemaking (sometimes called "regulatory negotiation" or simply "reg-neg") also emerged on a parallel track as an alternative to traditional procedures for drafting proposed regulations. This exemplar of regulatory reform was based on two insights: (1) that the usual process of written notice-and-comment rulemaking has an intrinsic weakness because stakeholders engaged in it do not interact with each other or with the agency; and (2) in certain situations, it is possible to bring together representatives of the agency and the various …