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45 Md. L. Rev. 253 (1986)
Regulatory Reform in the Reagan Era

handle is hein.journals/mllr45 and id is 271 raw text is: 



Maryland Law Review


VOLUME 45                     1986                     NUMBER 2
                © Copyright Maryland Law Review, Inc. 1986


                          Articles

        REGULATORY REFORM IN THE REAGAN ERA

                     THOMAS 0. MCGARITY*

                        I. INTRODUCTION
    The three great social reform movements of the twentieth cen-
tury-the Progressive movement at the beginning of the twentieth
century; the New Deal of the 1930s; and the Civil Rights/Con-
sumer/Environmental movements of the late 1960s and early
1970s-were social responses to perceived abuses of economic and
political power by private entities. Fairness, justice, equality,
were dominant themes of these movements. The reforms accom-
plished by these movements are etched in the laws of the land and
institutionalized in regulatory agencies such as the Interstate Com-
merce Commission, the Federal Trade Commission, the Food and
Drug Administration, the Environmental Protection Agency, and
the Occupational Safety and Health Administration.
    Lawyers dominated the process of institutionalizing reforms.
They wrote the laws that empowered the regulatory agencies; they
were often chosen to lead those agencies; and they have dominated
the intricate process of crafting the thousands of rules, regulations,
and guidelines that constitute the vital connective tissue between
the social commands embodied in the reform legislation and the so-
cially desirable conduct of the regulated industries.

   * B.A., 1971, Rice University; J.D., 1974, University of Texas. Copper K. Ragan
Professor of Law, University of Texas School of Law. This Article is a revised version of
the 1984 Lawrence and Pearl Gerber Memorial Lecture delivered at the University of
Maryland School of Law on November 15, 1984. The author would like to express his
appreciation to Mary Sahs, University of Texas Class of 1985, for her research assistance
in its preparation.

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