Abstracts » Law

The era of "risk-risk" and the problem of keeping the APA up to date

Article Abstract:

The Administrative Procedure Act has reached its 50 year anniversary, and it is now in an era of risk assessment to balance out the positive benefits of government regulation with any adverse consequences. This assessment depends in part upon basic attitudes towards regulation, and some assessments can be described as risk-risk or health-health balances. Case law can provide new interpretations of the act to keep it relevant to modern times.

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Regulating the regulators

Article Abstract:

Government oversight of regulatory agencies has a varied history over the 50 year life of the Administrative Procedure Act, and a unified approach is needed. Approaches to oversight have included benefit-cost analysis, cost-effectiveness analysis, risk assessment and risk-risk analysis. Regulatory policy is currently burdened by a plethora of legislative mandates, and these should be resolved by a comprehensive reform bill.

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Changing times: the APA at fifty

Article Abstract:

The Administrative Procedure Act is at its 50 year anniversary, and it is a durable law as shown by its judicial history. Supreme Court interpretations of the act fall into three phases: original legislative intent, reinterpretations and formalistic textual interpretations. Although it is in an era of changing relations between administrative agencies and the rest of the government, the act can remain useful.

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