Title: Ruling Without Real Rules--Or How to Influence Private Conduct Without Really Binding
Abstract: The circumstances under which administrative agencies should utilize interpretive rules, opinion letters, enforcement manuals, and other similar forms of guidance, and the practical and legal effect on the public of the use of such forms of guidance, is subject to considerable debate. On the one hand, the agency guidance embodied in such typically informal administrative actions may be viewed as helpful advice that may allow a private citizen to avoid a run-in with the law, or at least consciously to make a decision that she is willing to accept the risk of such a run-in. On the other hand, such guidance might be seen as a way for the government to influence the conduct of private citizens without undertaking relatively more formal procedures, such as a notice-and-comment rulemaking in accordance with Administrative Procedure Act (APA) requirements, that clearly would give the agency action the force of law.
Publication Year: 2002
Publication Date: 2002-01-01
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
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