The Yale Law Journal

David L. Franklin

Article

Legislative Rules, Nonlegislative Rules, and the Perils of the Short Cut

David L. Franklin

120 Yale L.J. 276 (2010). 

Courts have long struggled to distinguish legislative rules, which are designed to have binding legal effect and must go through the rulemaking procedure known as notice and comment, from nonlegislative rules, which are not meant to have binding legal effect and are exemp…