Approaches to Regulation Reform

Administrative agencies are considered miniature versions of the three branches of government because they have the authority to legislate, adjudicate disputes, and enforce regulations. There are times when regulations are ineffective, whether they are too restrictive or flexible, outdated or obsolete, overly vague, or unenforceable. Professionals inside and outside of administrative agencies may institute reform through a number of measures. Effective reform may boost economic performance, stimulate investment, or increase levels of consumer protection. Citizens, too, can influence the regulations and policies of regulatory agencies by attending public meetings and communicating with agency officials.

With these thoughts in mind:

Provide a brief description of the Food and Drug Administration (FDA)regulation. Then, explain the approach you would take to reform the regulation and why you chose it. Be specific.

Support your response using the Learning Resources and other scholarly resources.

Articles

• Stack, K. M. (2012). Interpreting regulations. Michigan Law Review, 111(3), 355–422.
• Article: Nou, J. (2015). Regulatory textualism. Duke Law Journal, 65, 81–150. Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3817&context=dlj
• Healy, M. (2014). The past, present and future of Auer deference: Mead, form and function in judicial review of agency interpretations of regulations. Kansas Law Review, 62, 633. doi:10.2139/ssrn.2298806.

Websites

• Cornell University Law School: Listing by Jurisdiction
  http://www.law.cornell.edu/states/listing.html
• WashLaw: Legal Research on the Web
  http://www.washlaw.edu/

Optional Resources

Articles

• Freilich, R. H., & Popowitz, N. M. (2012). Oil and gas fracking: State and federal regulation does not preempt needed local government regulation. Urban Lawyer, 44(3), 533–575. Retrieved from http://ezp.waldenulibrary.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=84417171&scope=site
• Aspen Publishers. (2008). EPA’s questions and answers provide regulatory insight. Hazardous Waste Consultant, 26(5), 2.19–2.29.