Association of American Law Schools
2001 Annual Meeting
Wednesday, January 3, 2001 - Saturday, January 6, 2001
San Francisco, California
Saturday, January 6, 2001
3:30–5:15 p.m.

Continental Parlor 3
Hilton San Francisco and Towers
Ballroom Level


Section on Administrative Law
Thomas Owen McGarity, The University of Texas, Chair

Ruling without Rules: Agency Use of Non-Legislative Rules to Influence Private Conduct

Moderator:

Thomas Owen McGarity, The University of Texas

Speakers:
Robert A. Anthony, George Mason University [View Program Material]
Randolph J. May, Senior Fellow and Director of Communications Policy Studies, Progress and Freedom Foundation, Washington, D.C.
Mark Seidenfeld, Florida State University
Peter L. Strauss, Columbia University


The increasingly frequent agency practice of using non-legislative rules to make agency policy, thereby avoiding statutory and executive branch procedural and analytical requirements, remains controversial. The recent D.C. Circuit Appalachian Power opinion has provided new perspectives and stimulated fresh academic insights. The panelists will share their thoughts on this still unsettled topic.

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