May 13, 2014

“Agency Threats” and the Rule of Law: An Offer You Can’t Refuse

Contact us
To speak with a scholar or learn more on this topic, visit our contact page.

Scholars and practitioners have documented how regulatory agencies have increasingly relied on guidance, best-practice documents, policy statements, and other  informal pronouncements to achieve regulatory ends. Agencies often do so to avoid executive regulatory review and other accountability measures that ostensibly slow the regulatory process. This paper adds to this growing literature to incorporate policymaking through the issuance of completely unenforceable threats.

Read Journal Article