Two Cheers for Procedural Review of Guidance Documents

13 Pages Posted: 29 Jan 2012 Last revised: 22 Jun 2012

See all articles by David L. Franklin

David L. Franklin

DePaul University - College of Law

Date Written: January 27, 2012

Abstract

This paper, to be published in See Also, the Texas Law Review's online supplement, is a Response to Mark Seidenfeld, Substituting Substantive for Procedural Review of Guidance Documents, 90 Tex. L. Rev. 331 (2011). It revisits the debate over procedural review of agency guidance documents in light of Professor Seidenfeld’s contribution to that debate; raises questions about whether substantive review of guidance documents is a workable alternative to current doctrine; and concludes with more general thoughts about the intertwining of procedural and substantive review in administrative law.

Keywords: administrative law, rulemaking, notice and comment, legislative rules, nonlegislative rules, guidance documents, hard look review, ripeness, finality

Suggested Citation

Franklin, David L., Two Cheers for Procedural Review of Guidance Documents (January 27, 2012). Texas Law Review See Also, Vol. 90, Forthcoming, DePaul Legal Studies Research Paper No. 2012-03, Available at SSRN: https://ssrn.com/abstract=1993191

David L. Franklin (Contact Author)

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL 60604-2287
United States

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