Bargaining Toward the New Millennium: Regulatory Negotiation and the Subversion of the Public Interest

This Article will survey the judicial reaction to. negotiated rulemaking, with particular emphasis on the decision in USA Group Loan Services, Inc. v. Riley, and will summarize the empirical work to date. It will then address some of the issues that have been raised with respect to the legality of the negotiated rulemaking process, but it will conclude that negotiated rulemaking has been structured to comply with all formal legal requirements