Regulatory Flexibility and the Administrative State

Authors

Marshall J. Breger, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

1996

Abstract

This essay attempts to examine some evolving notions of regulatory flexibility and show how, if at all, they fit in with the existing framework of the administrative state. It is a preliminary effort to suggest the kinds of flexibility that should be encouraged and discouraged. It will highlight as well, the effect of increased administrative flexibility on the structure of administrative law and the APA thereby raising the question whether the APA - a document written to structure both adjudication and rulemaking - is, in fact, well suited to regulate cooperation between industry and government.

Recommended Citation

Marshall J. Breger, Regulatory Flexibility and the Administrative State, 32 TULSA L. J. 325 (1996).