This episode introduces one of the most important structural distinctions in administrative law: the difference between rulemaking and adjudication. Agencies don’t just enforce law — they also create policy. Sometimes they do it prospectively through general rules. Other times they do it case-by-case while deciding what happens to a specific party. That choice affects procedure, fairness expectations, and how quickly entire industries can change.

The Core Distinction

Rulemaking

• Forward-looking
• General applicability
• Sets standards before conduct happens
• Typically uses notice-and-comment procedures

Adjudication

• Backward-looking (or present-focused)
• Applies to specific parties and facts
• Determines liability, rights, or obligations  ...