Anthony Moffa on the Empirics of Agency Rulemaking

Ipse Dixit

In this episode, Anthony Moffa, Associate Professor of Law at the University of Maine School of Law, discusses his articles, "Word Limited: An Empirical Analysis of the Relationship Between the Length, Resiliency, and Impact of Federal Regulations" and "Strength In Numbers (of Words): Empirical Analysis of Preambles and Public Comments," both of which will be published in the Nevada Law Journal. Moffa presents two empirical studies of the length of agency rules, intended to test hypotheses about why individual rules have gotten longer. In the first paper, the evidence shows that length doesn't protect rules from judicial review, but is correlated with social benefit. In the second, the evidence shows that the length of the preamble of a rule is affected by the number of public comments. Moffa reflects on what we can learn from these finding, and what we might want to study going forward. Moffa is on Twitter at @AntMoffa.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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