The Yale Law Journal

Rephael G. Stern

Article

The Lost English Roots of Notice-and-Comment Rulemaking

Rephael G. Stern

Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes, during the 1930s and 1940s Americans only partially adopted the English framework. The rejection o…