Regleprudence – At OIRA and Beyond

58 Pages Posted: 29 May 2014 Last revised: 16 Jan 2015

Nestor M. Davidson

Fordham University School of Law

Ethan J. Leib

Fordham University School of Law

Date Written: May 27, 2014

Abstract

There are significant domains of legality within the administrative state that are mostly immune from judicial review and have mostly escaped the attention of legal theorists. While administrative law generally focuses on the products of agency action as they are reviewed by the judiciary, there are important aspects of regulatory activity that are legal or law-like but rarely interrogated by systematic analysis with reference to accounts about the role and nature of law. In this Article, we introduce a category of analysis we call "regleprudence," a sibling of jurisprudence and legisprudence. Once we explore some regleprudential norms, we delve into one case study – the Office of Information and Regulatory Affairs and the legal work it undertakes through regulatory review – and gesture at how more general attention to regleprudence can improve our understanding of important corners of the Executive Branch.

Keywords: administrative law; jurisprudence; legisprudence; presidential management; unitary executive; Office of Management and Budget; OMB; Office of Information and Regulatory Affairs; OIRA

Suggested Citation

Davidson, Nestor M. and Leib, Ethan J., Regleprudence – At OIRA and Beyond (May 27, 2014). Georgetown Law Journal, Vol. 103, No. 259 (2015); Fordham Law Legal Studies Research Paper No. 2442413. Available at SSRN: https://ssrn.com/abstract=2442413

Nestor M. Davidson (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Ethan J. Leib

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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