Regulatory Policy-Making: Toward a Framework of Analysis

Abstract

In a 1961 essay, Marver Bernstein complained that "policy-making processes in regulatory agencies have scarcely been studied, and the forces influencing policy-making have not been identified in specific regulatory programs."' Until the early 1960s, lawyers had concentrated on "judicializing" administrative procedures while economists had dwelt on the pernicious inefficiencies of governmental regulation.' Political scientists, and some lawyers, had focused on the relations between agencies and their constituencies and on the consequences of different forms of governmental organization, particularly the problems of the independent regulatory commissions.3 There were very few case studies of particular agencies, nor many efforts to synthesize the existing literature and provide a framework for future efforts.4

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