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Friday, June 20, 2014

Oral Argument (in Athens, GA) on Regleprudence

I had the great fortune this week to be on Christian Turner & Joe Miller's podcast, Oral Argument, which they run out of Athens, GA.  We talked about my new forthcoming paper with Nestor Davidson: "Regleprudence -- At OIRA and Beyond," 103 Geo. L.J. (forthcoming 2015) -- and many things besides, like this cover of REM's Country Feedback.  These guys run a fabulously entertaining show.  Their clever title for our show together , "Rex Sunstein?," probably is a better title than "Regleprudence."  And they have some really useful links you can scan as you listen to the podcast.  Here is the abstract for the paper we spent most of the time discussing:

There are significant domains of legality within the administrative state that are mostly immune from judicial review and have mostly escaped the attention of legal theorists. While administrative law generally focuses on the products of agency action as they are reviewed by the judiciary, there are important aspects of regulatory activity that are legal or law-like but rarely interrogated by systematic analysis with reference to accounts about the role and nature of law. In this Article, we introduce a category of analysis we call "regleprudence," a sibling of jurisprudence and legisprudence. Once we explore some regleprudential norms, we delve into one case study – the Office of Information and Regulatory Affairs and the legal work it undertakes through regulatory review – and gesture at how more general attention to regleprudence can improve our understanding of important corners of the Executive Branch.

Posted by Ethan Leib on June 20, 2014 at 11:22 AM | Permalink


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