Two Cheers for Procedural Review of Guidance Documents
David L. Franklin
DePaul University - College of Law
January 27, 2012
Texas Law Review See Also, Vol. 90, Forthcoming
DePaul Legal Studies Research Paper No. 2012-03
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.
Number of Pages in PDF File: 13
Keywords: administrative law, rulemaking, notice and comment, legislative rules, nonlegislative rules, guidance documents, hard look review, ripeness, finalityAccepted Paper Series
Date posted: January 29, 2012 ; Last revised: June 22, 2012
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