Abstract

http://ssrn.com/abstract=54820
 
 

Citations



 


 



Controlling Policy by Controlling Process: Judicial Influence on Regulatory Decision Making


Emerson H. Tiller


Northwestern University - School of Law


Journal of Law, Economics, and Organization, Vol. 14, No. 1, Spring 1998

Abstract:     
In this paper, the ability of a federal appellate court to control agency policy by imposing process requirements upon the agency is analyzed under two administrative law regimes: the deference doctrine, where appellate courts are strictly limited in their ability to interfere with agency decision making, and the non-deference doctrine, where courts have greater reign in scrutinizing agency decision making. The emphasis on the judiciary's ability to affect regulatory process complements earlier scholarship in positive political theory that focused mainly on Congress' ability to use administrative process to control agency behavior. A model of judicial control is developed to allow for comparative statios considering different legal doctrines, shifting agency and judicial preferences, and changing agency resources. An examination of the Federal Energy Regulatory Commission and the D.C. Circuit Court of Appeals' battle over the deregulation of oil pipelines is undertaken to illustrate the insights of the model. Further evidence bearing on the model is also reviewed.

JEL Classification: L51

Accepted Paper Series


Not Available For Download

Date posted: February 25, 1998  

Suggested Citation

Tiller, Emerson H., Controlling Policy by Controlling Process: Judicial Influence on Regulatory Decision Making. Journal of Law, Economics, and Organization, Vol. 14, No. 1, Spring 1998. Available at SSRN: http://ssrn.com/abstract=54820

Contact Information

Emerson H. Tiller (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Feedback to SSRN


Paper statistics
Abstract Views: 625

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.313 seconds