James Landis: "The Administrative Process."

Article Abstract:

Current debate over regulatory reform should be informed by the administrative law principles developed and practiced by James M. Landis in his 1938 work "The Administrative Process" and his tenure as head of multiple federal agencies. Landis believed that administrative law reinforced and modernized the separation of powers principle. He also saw administrative process as more effective than the courts in making decisions. He was also aware that people were part of the administrative process and needed to be accounted for in formulating regulatory schemes.

Appreciation, The Administrative Process (Book), Landis, James M.

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Developing provider-sponsored organization solvency standards through negotiated rulemaking

Article Abstract:

The Health & Human Services (HHS) Department's use of negotiated rulemaking (neg-reg) to arrive at rules for health care provider-sponsored organizations (PROs) provides an opportunity to evaluate neg-reg as a novel rulemaking method. Commentators have found both advantages and disadvantages in neg-reg. HHS' experience with the PROs suggests that neg-reg is most useful and least likely to damage the public interest where a high degree of technical expertise is called for.

Evaluation, Laws, regulations and rules, Health care industry, Arbitration (Administrative law), Administrative arbitration

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Rulemaking promise: administrative law and legal culture in the 1960s and 1970s

Article Abstract:

The rise of administrative rulemaking in the 1960s and 1970s and its relationship to critiques of the administrative state which began in the 1960s are described. The reactions of the District of Columbia Court of Appeals, Congress, and government agencies to the new administrative regime are analyzed.

Analysis, Practice, Powers and duties, United States. Congress, Executive power, United States. Court of Appeals for the District of Columbia Circuit

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