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The Process-Welfare Nexus

25 Pages Posted: 25 Jan 2009 Last revised: 24 Apr 2012

Reza Dibadj

University of San Francisco - School of Law

Date Written: January 24, 2009


In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation and Public Interests provides welcome respite. Croley mounts a valiant defense of regulation. His central argument is straightforward; namely, "that the cynical view of regulation shows far too little attention to the actual processes through which administrative agencies regulate. Once the administrative state is unpacked-once it is considered in light of its procedural complexities-grim conclusions about the inability of regulatory institutions to advance the general welfare give way to more optimistic assessments." (p. 4). This book review argues that while Croley presents a thought-provoking defense of the regulatory state, the nexus he creates between process and welfare is not entirely convincing.

The article proceeds in three parts. Part I offers a brief overview of the book. Part II highlights the significant strengths of Croley's endeavor. Finally, Part III suggests some possible gaps in the book's arguments.

Keywords: regulation, administrative law

JEL Classification: G18, K20, L50

Suggested Citation

Dibadj, Reza, The Process-Welfare Nexus (January 24, 2009). Oklahoma City University Law Review, Vol. 33, p. 837, 2010; Univ. of San Francisco Law Research Paper No. 2012-05. Available at SSRN:

Reza Dibadj (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States
415-422-5253 (Phone)

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