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.
Jerry L. Mashaw,
Improving the Environment of Agency Rulemaking: An Essay on Management, Games, and Accountability,
57 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol57/iss2/8