The Legislative Resolution of the Rulemaking Versus Adjudication Problem in Agency Lawmaking

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\u27 failure to utilize it has been deplored. But these laments may be, in the words of Judge Friendly, no more than crocodile tears. \u2

The Legislative Resolution of the Rulemaking Versus Adjudication Problem in Agency Lawmaking

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\u27 failure to utilize it has been deplored. But these laments may be, in the words of Judge Friendly, no more than crocodile tears. \u2

Administrative Law, 3rd edition

This treatise sets forth a comprehensive analysis of administrative law in the United States. Administrative law continues to evolve in interesting ways in all of its various dimensions. The authors address the new developments in the law of standing, congressional attempts to make agencies more accountable, and the continuing evolution of Chevron deference, among other issues. The fundamental purposes of this book are to assess and explain fundamental doctrines of administrative law, placing some of the most important aspects of those doctrines in a historical context, and setting forth the current state of the law. The book is intended to serve practitioners, scholars and students of administrative law.https://www.repository.law.indiana.edu/facbooks/1005/thumbnail.jp