The political approach to regulation has been marked in recent years by a transformation and emergence of two key values: expanded representation of those regulated, and more forward looking assessments of the impacts of rules and actions regulated. The legal approach emphasizes adversarial procedures, the use of administrative law judges, due process protection and reasonableness in the application of regulatory activity. A timely example of the latter concern is found in the "regulatory takings" concern and court cases which have responded to that concern. Lucas v. South Carolina and Dolan v. City of Tigard are two Supreme Court cases that have received much attention in recent years. [To learn more about the takings issue use some internet sites such as the following: http://www.nwf.org/nwf/lands/takings/taklit.html and http://www.nwf.org/nwf/lands/takings/index.html ]
Rosenbloom argues that a synthesis seems to be occurring among the approaches to regulatory administration. Where there is a broad public interest involved, as in environmental regulation, the political approach will tend to dominate due to its promotion of representativeness. Where the rights of private parties are the chief concern, the legal approach will dominate. When protection against disaster is the main objective, the managerial approaches will tend to be dominant.