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The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.

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Susan Low Bloch, Orphaned Rules in the Administrative State: The Fairness Doctrine and Other Orphaned Progeny of Interactive Deregulation, 76 Geo. L.J. 59 (1987).

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