This article examines the problems created by the White House reforms and prior reforms proposed by Congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses of many of those reform proposals and initiatives. Finally, Part VI outlines the proposed amendments of sections 553 and 706 of the APA introduced above.
Stephen M. Johnson, Good Guidance, Good Grief!, 72 Mo. L. Rev. 695 (2007),