Event Title

Re-Inventing Rulemaking

Presenter Information

E. Donald Elliott

Location

Duke Law School

Start Date

6-3-1992 1:15 PM

End Date

6-3-1992 2:15 PM

Description

The author believes that a court should not go behind the objective terms of a statement of agency policy to speculate about whether the statement was "really intended" to bind the public. Second, the author believes that courts should not attempt to force all agency policymaking into the mold of notice-and-comment rulemaking.

Comments

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Related Paper

E. Donald Elliott, Re-Inventing Rulemaking, 41 Duke Law Journal 1490-1496 (1992)

Available at: http://scholarship.law.duke.edu/dlj/vol41/iss6/4


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Mar 6th, 1:15 PM Mar 6th, 2:15 PM

Re-Inventing Rulemaking

Duke Law School

The author believes that a court should not go behind the objective terms of a statement of agency policy to speculate about whether the statement was "really intended" to bind the public. Second, the author believes that courts should not attempt to force all agency policymaking into the mold of notice-and-comment rulemaking.