Bending the rules: flexible regulation and constraints on agency discretion

Article Abstract:

Widely perceived inefficiencies in the formulation of regulations by administrative agencies prompted calls to reform the existing system by increasing administrators' discretion. The belief is that greater discretion will allow agencies to avoid results too inflexible to serve the public interest. However, some constraints on administrative leeway are necessary to guarantee that regulation is predictable and acceptable to the public. Judicial review of administrative decisions is necessary to detect regulatory pathologies.

Laws, regulations and rules, Administrative procedure

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Executive Branch legal interpretation: a perspective from the Office of Legal Counsel

Article Abstract:

The Assistant Attorney General, Office of Legal Counsel, discusses the role of his office in Executive Branch legal interpretation. The neutral expositor model of the Executive Branch attorney is evaluated from a constitutional law viewpoint, as are counter-arguments to the model

United States. Department of Justice. Office of Legal Counsel

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Judges, ideology, and policy in the administrative state: lessons from a decade of hard look remands of EPA rules

Article Abstract:

The author examines questions related to legitimacy of judicial review. District of Columbia Circuit Court decisions on substantive issues in cases involving the EPA are examined as to whether the circuit's judges' decisions were driven by ideology or principled decision-making.

Analysis, Cases, Practice, Judicial ethics, United States. Environmental Protection Agency, United States. Court of Appeals for the District of Columbia Circuit

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