LAW 615 Lecture Notes - Lecture 21: Rulemaking, Overton Park, Adversarial System
30 May 2020
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Explanation of the decision: the concise general statement, united states v. nova scotia food prods. They didn"t disclose the data it relieved on for making its rule. Fcc met with many interested parties and attempted to negotiate an outcome: reasoning: allowing non-public ex parte communication makes it seem like there is undue industry influence over commission proceedings. Overton park mandate is that the public record must reflect what representations were made to an agency so that relevant information supporting or refuting those representations may be brought to the attention of the reviewing courts. Why shouldn"t a judge be allowed to talk to anybody she wants to: american judges think they shouldn"t be involved in the adversarial process and investigation. Congress engage in private and selective discussion with persons interested in pending legislation: structures of legislatures fracture and diversity, 535 members so the impact of any individual legislator is less.
