This Article takes a preliminary look at how deregulation has fared in the courts and at the significance of the evolving federal appellate and United States Supreme Court case law for future agency rule making decisions.
Part II of this Article examines the various categories of regulation and the aspects of each category that may be subject to deregulation.
Part III defines deregulation and explores some of the reasons why an agency may wish to deregulate. Part IV examines the utility of judicial oversight of deregulation, and part V then discusses the mechanics of deregulation, focusing on the various means by which an agency may nullify a rule and the procedures needed for each method.
Finally,part VI explores the effects of the United States Supreme Court's recent decision in Motor Vehicle Manufacturers Association v.State Farm Mutual Automobile Insurance Co.1 on future agency deregulation efforts.
James T. O'Reilly,
Judicial Review of Agency Deregulation: Alternatives and Problems for the Courts,
37 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol37/iss3/2