Empirical Analysis and Administrative Law
University of Illinois Law Review, Vol. 2002, No. 1111, 2002
KSG Working Paper Series No. RWP02-035
28 Pages Posted: 22 Oct 2002 Last revised: 28 Nov 2017
Date Written: 2002
Regulatory policy has long been a source of controversy, eliciting criticism and calls for reform from virtually all quarters. In recent years, reform proposals have typically sought to restructure the institutional environment of regulatory policymaking by changing administrative law and thereby restructuring the procedures and institutions of regulatory governance. To understand how regulatory policy might be improved through changes to administrative law, empirical research is needed to evaluate the impacts of different institutional procedures and designs. In this paper, I argue for increased empirical inquiry of administrative law, highlighting the value of empirical analysis by reference to three salient aspects of regulatory procedure: (i) economic analysis of new agency rules; (ii) judicial review of agency rules; and (iii) negotiated rulemaking. The discussion of these areas shows how empirical analysis can help inform choices about regulatory design and suggests that such analysis should go hand in hand with any implementation of regulatory reform.
Keywords: administrative law, law and social sciences, regulatory policy
JEL Classification: K23, K32, K00
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Management-Based Regulation: Using Private Management to Achieve Public Goals
By Cary Coglianese and David Lazer
Performance-Based Regulation: Prospects and Limitations in Health, Safety and Environmental Protection
By Cary Coglianese, Jennifer Nash, ...
Voluntary Regulatory Compliance in Theory and Practice: The Case of Osha
Towards a Better Understanding of Building Regulation
Why We Need a Commitment Approach to Environmental Policy
By John F. Tomer and Thomas R. Sadler
Privatization of Building Code Enforcement: A Comparative Study of Regimes in Australia and Canada
By Per J. Agrell and Axel Gautier