A Fundamental Inquiry Into the Statutory Rulemaking Process of Private Legislatures

Authors

Steven L. Schwarcz, Duke Law SchoolFollow

Document Type

Article

Publication Date

1994

Abstract

This Article examines the private rulemaking proces under which uniform state laws are formulated. It suggests that deficiencies may arise from the failure of rulemakers to step back and ask fundamental questions about the consequences of the rules being proposed and sets forth a framework for asking these questions. As part of this framework, the Article identifies and explores the meaning of underlying statutory policies, such as consistency and fairness. Although the Article's focus is on private rulemaking, it's conclusions are shown to be relevent to public rulemaking and possibly even to judicial decisionmaking.

Citation

Steven L. Schwarcz, A Fundamental Inquiry Into the Statutory Rulemaking Process of Private Legislatures, 29 Georgia Law Review 909-991 (1994)