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The U.S. Rulemaking Process: Has It Become Too Difficult?, Jeffrey Lubbers 2010 American University Washington College of Law

The U.S. Rulemaking Process: Has It Become Too Difficult?, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

The modem process for making administrative policy-the informal, notice-and-comment rulemaking process-was developed in the U.S. when the Administrative Procedure Act (APA) was enacted in 1946. The "notice-and-comment" label derives from the fact that the APA requires: publication of a notice of proposed rulemaking, opportunity for public participation in the rulemaking by submission of written comments, publication of a final rule and accompanying explanation.

This applies to the substantive rulemaking of every agency of the federal government and provides the procedural minimum for most significant rulemakings. More elaborate public procedures such as oral hearings may be used voluntarily by agencies in …


Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala 2010 Liberty University

Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala

Faculty Publications and Presentations

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