How to Steer an Ocean Liner
Year: 2014
Type: preprint
Abstract: Steering an ocean liner or supertanker is reportedly very difficult; the vessel itself is unwieldy, and there are many fast-changing problems to navigate through or around, including inclement weather, ocean currents, and shoals of various sorts. Steering the rulemaking process sounds easier, but it has recently been anything but. Mark Kravitz proved himself master of that difficult task during time of considerable stress on the rulemaking process and set an agenda that has guided us, and will probably continue to guide us, for years to come. It is worth emphasizing that rulemaking has been under stress before, while also avoiding the temptation to overstate the challenges it faces now. More than twenty years ago, Professor Mullenix foresaw that the Advisory Committee might go the way of the French aristocracy' and suggested that the rulemaking process might become a quaint, third branch vestigial organ. Meanwhile, some predicted that what the rulemakers were doing wreak havoc unless they were reined in. For example, in 1992 Nan Aron of the Alliance for Justice announced that the pending proposal to add initial disclosure in new Rule 26(a) (1) would end public-interest litigation as we know it. Well, Rule 26(a) (1) went through, and so far as I know public interest litigation did not end. But similar forebodings are being trumpeted today.
Source: SSRN Electronic Journal
Author: Richard L. Marcus
Institution: University of California Hastings College of the Law
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2548518205