Legislative Rules Revisited

DSpace/Manakin Repository

Legislative Rules Revisited

Citable link to this page

 

 
Title: Legislative Rules Revisited
Author: Gersen, Jacob E.
Citation: Jacob Gersen, Legislative Rules Revisited, 74 U. Chi. L. Rev. 1705 (2007).
Access Status: Full text of the requested work is not available in DASH at this time (“dark deposit”). For more information on dark deposits, see our FAQ.
Full Text & Related Files:
Abstract: The distinction between legislative rules and nonlegislative rules is one of the most confusing in administrative law. Yet, it also critical for understanding not just when agencies must use procedural formality to issue policy judgments, but also the subsequent treatment of those judgments by courts. This Essay explores the legislative rule conundrum through the lens of Judge Richard A. Posner's opinion in Hoctor v United States Department of Agriculture. To describe the legislative rule debate is to conjure doctrinal phantoms, circular analytics, and fundamental disagreement even about correct vocabulary. Hoctor illustrates many of the fault lines in existing doctrine and suggests a novel if ultimately unsatisfying approach to legislative rules doctrine that turns on characterizing the form, content, and relationship between the new rule and existing law. This Essay suggests instead that much of the legislative rule doctrine might well be jettisoned, avoiding confusion and uncertainty about when agencies must use formal procedures to issue policy.
Published Version: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/74.posner/74_Special_Gersen.pdf
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=996662
http://www.utexas.edu/law/journals/tlr/sources/Issue%2090.1/Seidenfeld/Seidenfeld.fn16.Jacob%20Gersen,%20Legislative%20Rules%20Revisted.pdf
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:11350525
Downloads of this work:

Show full Dublin Core record

This item appears in the following Collection(s)

 
 

Search DASH


Advanced Search
 
 

Submitters