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Negotiated Rulemaking

A Better Alternative

By Jane Hudson, Robert D. Fleischner & Leslie Seid Margolis

Public interest lawyers often find that traditional notice-and-comment rulemaking is not conducive to innovative advocacy. Negotiated rulemaking, endorsed by Congress in the Negotiated Rulemaking Act of 1990, can help parties reach common ground more quickly and efficiently. Three examples from state and federal regulatory and statutory reform efforts show how the principles of negotiated rulemaking can help advocates effect meaningful social change.

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