At the time, an expanding regulatory state had provoked a bacldash from regulated parties, and antiregulatory
sentiment was high.
Convened for the express purpose of helping agencies to carry out their statutory mandates, these bodies often found themselves on the front line of political combat, whether for having over-read the evidence in favor of regulation or, less frequently, for granting too much latitude to industry's antiregulatory
The IQA has proved contentious, with critics arguing that it is unnecessary, given preexisting agency mechanisms to guarantee information quality, and has been abused by industry to serve antiregulatory
It is hard, however, to ignore the antiregulatory
tone of the quoted passage.
Outside of the national security area, moreover, this Article has argued that FOIA contributes more significantly to other ecologies of transparency--regressive, antiregulatory
ecologies that do meaningful damage to the administrative state and the prospects for effective governance.
164) Proponents of formal CBA tout its benefits for promoting transparency and rationality in agency decision making, (165) while critics have raised concerns about antiregulatory
bias, lack of sufficient attention to distributional effects, and the feasibility of "pricing the priceless.
It should be noted that law and economics approaches need not result in the antiregulatory
conclusions reached by Easterbrook and Fischel--hence the need to distinguish between their version of contractarianism and broader approaches to economic theory.
libertarians to use the federal judiciary to achieve an antiregulatory
These circumstances include justice or injustice that pertain to non-Western actors who perceive not only a Western bias in the existing rules of the game, (27) but also an antiregulatory
bias, still incipient in many countries around the world, that might threaten a state's certain core functions.
118) An early source of those threats was the notorious Ku Klux Klan (perhaps better known as the KKK), which perpetrated acts of hate and intimidation fueled by ideals of racial supremacy, antigovernment sentiments, and antiregulatory
beliefs all of which they held to be individual freedoms to which they were entitled.
On the other hand, prominent Democrats with experience working at OIRA, including OIRA administrators Cass Sunstein and Sally Katzen as well as Clinton legal advisor Elena Kagan, have all argued that OIRA is more than an antiregulatory
force in government (Kagan 2001; Katzen 2007; Sunstein 2012).
But on the whole, antiregulatory
sentiment is high.