For decades, the Federal Trade Commission (FTC) resolved fair trade and advertising disputes through individual adjudications.

For decades, the Federal Trade Commission (FTC) resolved fair trade and advertising disputes through individual adjudications. In the 1960s, the FTC began promulgating rules that defined fair and unfair trade practices. In cases involving violations of these rules, the due process rights of participants were more limited and did not include cross-examination. This was because, although anyone found violating a rule would receive a full adjudication, the legitimacy of the rule itself could not be challenged in the adjudication. Any party charged with violating a rule was almost certain to lose the adjudication. Affected parties complained to a court, arguing that their rights before the FTC were unduly limited by the new rules. What will the court examine to deter- mine whether to uphold the new rule. What will the court examine to determine whether to uphold the new rules?

For decades, the Federal Trade Commission (FTC) resolved fair trade and advertising disputesthrough individual adjudications. In the 1960s, the FTC began promulgating rules that definedfair and...