Event Title

The Rulemaking Continuum

Presenter Information

Peter L. Strauss

Location

Duke Law School

Start Date

6-3-1992 11:15 AM

End Date

6-3-1992 12:15 PM

Description

The two papers we have before us tell both descriptive and normative stories about current issues of rulemaking. The developments they recount, on the judicial side at least, are the product of case-by-case judicial accretion rather than of systematic thought about the overall activity of "rulemaking"-thought such as might only rarely be expected to occur judicially. The juxtaposition of these two papers affords a useful occasion to attempt an overview of the whole spectrum of activity that can be described in Administrative Procedure Act (APA) terms as "rulemaking."

Comments

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Related Paper

Peter L. Strauss, The Rulemaking Continuum, 41 Duke Law Journal 1463-1489 (1992)

Available at: http://scholarship.law.duke.edu/dlj/vol41/iss6/3


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Mar 6th, 11:15 AM Mar 6th, 12:15 PM

The Rulemaking Continuum

Duke Law School

The two papers we have before us tell both descriptive and normative stories about current issues of rulemaking. The developments they recount, on the judicial side at least, are the product of case-by-case judicial accretion rather than of systematic thought about the overall activity of "rulemaking"-thought such as might only rarely be expected to occur judicially. The juxtaposition of these two papers affords a useful occasion to attempt an overview of the whole spectrum of activity that can be described in Administrative Procedure Act (APA) terms as "rulemaking."