Event Title

Interpretive Rules, Policy Statements, Guidances, Manuals, and the Like - Should Federal Agencies Use Them to Bind the Public?

Presenter Information

Robert A. Anthony

Location

Duke Law School

Start Date

6-3-1992 8:45 AM

End Date

6-3-1992 10:00 AM

Description

With one exception, the answer to the question in the title is "no." To use such nonlegislative documents to bind the public violates the Administrative Procedure Act (APA) and dishonors our system of limited government. This is true whether the agency attempts to bind the public as a legal matter or as a practical matter.

Comments

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Related Paper

Robert A. Anthony, Interpretive Rules, Policy Statements, Guidances, Manuals, and the Like— Should Federal Agencies Use Them to Bind the Public?, 41 Duke Law Journal 1311-1384 (1992)

Available at: http://scholarship.law.duke.edu/dlj/vol41/iss6/1


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Mar 6th, 8:45 AM Mar 6th, 10:00 AM

Interpretive Rules, Policy Statements, Guidances, Manuals, and the Like - Should Federal Agencies Use Them to Bind the Public?

Duke Law School

With one exception, the answer to the question in the title is "no." To use such nonlegislative documents to bind the public violates the Administrative Procedure Act (APA) and dishonors our system of limited government. This is true whether the agency attempts to bind the public as a legal matter or as a practical matter.