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Monday, January 12, 2015

Regleprudence

The final published version of my paper with Nestor Davidson, Regleprudence -- at OIRA and Beyond, is now available at the website of the Georgetown Law Journal and on SSRN.  The abstract follows:

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. Although 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 in nature 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 a case study—the Office of Information and Regulatory
Affairs and the legal work it undertakes through regulatory review. We then
suggest how more general attention to regleprudence can improve our understanding
of important corners of the Executive Branch.

 

Posted by Ethan Leib on January 12, 2015 at 03:05 PM | Permalink

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