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Soft Law Reform or Executive Branch Hardball: The Ambiguous Message of Executive Order 13,422

Imagine that Executive Order (E.O.) 13,422 had been issued by President Al Gore, accompanied by the following press release:

Regulation by executive branch and independent agencies of the federal government has become a defining feature of the American administrative state. Over the past four decades, the decisions of the federal courts interpreting the requirements of the Administrative Procedure Act and the analytic and oversight requirements implemented by my predecessors, Presidents Reagan and Clinton, have made regulatory policy more transparent, participatory and rationalqualities that almost all would agree are the hallmarks of good governance in a democratic society.

These ...

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