A Triptych of Regulators: A New Perspective on the Administrative State

In combining past and present perspectives, this Article makes an important contribution to the literature: by isolating the three general prototypes pervading the literature, it introduces a greater degree of theoretical precision to the understanding of public regulation, and goes on to demonstrate how current regulatory schemes can be better understood using the triad of prototypes. This Article also suggests why we can expect these types to persist in future public regulation. At the same time same time, this Article joins and contributes to the study of the intellectual history of U.S. regulation by identifying deep undercurrents running throughout that history.