Citation: 103 Geo L.J. 259 (2015)
Jurisprudence and legisprudence have had their days in the sun. Yet so much
of law in its daily working—authoritative decisions by government officials
with binding public policymaking functions—remains immune from systematic
analysis. Of course, what scholars and lawyers call “administrative law” shines much light into the labyrinthine regulatory state. The subject has long explored ways that many governmental decisions neither judicial nor legislative can be thought of as law and need to be controlled through procedural and substantive oversight, often by judges and sometimes through structural design. There remain, however, significant domains of lawmaking in the administrative state that continue to be hidden from view. Leveraging recent work on the role of precedent in the Federal Executive Branch, we focus on the Office of Information and Regulatory Affairs (OIRA) nestled within the Office of Management and Budget (OMB) that oversees federal regulatory activity, to introduce and explore some foundational questions of what we call “regleprudence”: the systematic analysis of regulation refracted through accounts of the role and nature of law.