Document Type
Article
Publication Title
Maryland Law Review
Abstract
Much contemporary debate on social and economic policy is based on a false dilemma. It is often assumed that we have two basic choices. The first is continued reliance on the existing costly and clumsy system of centralized regulatory directives to achieve national social and economic goals. The other is to deregulate and devolve authority to markets and states in order to promote decentralization, diversity, and innovation at the expense of national goals. This essay advocates greater reliance on a third approach: adoption by the federal government of new reconstitutive regulatory strategies that simultaneously promote national goals, decentralize decisionmaking, and allow states, localities, business enterprises, and non-profit institutions greater independence and flexibility.
First Page
86
Volume
46
Publication Date
1986
Recommended Citation
Richard B. Stewart,
Reconstitutive Law,
46
Maryland Law Review
86
(1986).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1126
