The Process-Welfare Nexus

Reza Dibadj, University of San Francisco School of Law

Abstract

In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation and Public Interests provides welcome respite. Croley mounts a valiant defense of regulation. His central argument is straightforward; namely, "that the cynical view of regulation shows far too little attention to the actual processes through which administrative agencies regulate. . . . Once the administrative state is unpacked-once it is considered in light of its procedural complexities-grim conclusions about the inability of regulatory institutions to advance the general welfare give way to more optimistic assessments." (p. 4). This book review argues that while Croley presents a thought-provoking defense of the regulatory state, the nexus he creates between process and welfare is not entirely convincing.

The article proceeds in three parts. Part I offers a brief overview of the book. Part II highlights the significant strengths of Croley's endeavor. Finally, Part III suggests some possible gaps in the book's arguments.