Event Title
The Legislative Resolution of the Rulemaking Versus Adjudication Problem in Agency Lawmaking
Location
Duke Law School
Start Date
15-2-1980 11:30 AM
End Date
15-2-1980 12:30 PM
Description
Over the past several years there has been considerable debate as to whether federal agencies should develop law and policy by adjudication, a traditional "lawmaking" forum, or by rulemaking, a forum unique to agencies. The consensus is that, in both theory and practice, rulemaking is the superior forum. It permits broad-based participation that benefits the affected public and educates the agency, its procedures expedite policy development, and its requirement that standards be codified and published promotes clarity and uniform application of law. Thus, the rulemaking process has been acclaimed as one of the "greatest inventions of modem government," and the agencies' failure to utilize it has been deplored. But these laments may be, in the words of Judge Friendly, no more than "crocodile tears."'
Related Paper
William T. Mayton, The Legislative Resolution of the Rulemaking Versus Adjudication Problem in Agency Lawmaking, 1980 Duke Law Journal 103-135 (1980)
Available at: http://scholarship.law.duke.edu/dlj/vol29/iss1/3
The Legislative Resolution of the Rulemaking Versus Adjudication Problem in Agency Lawmaking
Duke Law School
Over the past several years there has been considerable debate as to whether federal agencies should develop law and policy by adjudication, a traditional "lawmaking" forum, or by rulemaking, a forum unique to agencies. The consensus is that, in both theory and practice, rulemaking is the superior forum. It permits broad-based participation that benefits the affected public and educates the agency, its procedures expedite policy development, and its requirement that standards be codified and published promotes clarity and uniform application of law. Thus, the rulemaking process has been acclaimed as one of the "greatest inventions of modem government," and the agencies' failure to utilize it has been deplored. But these laments may be, in the words of Judge Friendly, no more than "crocodile tears."'
Comments
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