Recent scholarship by Mathew D. McCubbins, Roger G. Noll, and Barry R. Weingast,1 and by Arthur Lupia and McCubbins,2 sheds new light on animportant administrative law subject: the rationale for and the utility of the procedures that an administrative agency must follow in order to adopt rules.According to the Administrative Procedure Act (“APA”), an agency must give public notice of a proposed rule and allow any interested person to providewritten comments on that rule.3 The agency must also supply a concise statement of the basis and purpose of a rule when it is adopted.’ A final rule must be published in the Federal Register,5 and its effective date must be delayed until thirty days after publication.
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