THEY’VE BEEN WRITING A LOT OF THOSE PRESCRIPTIONS LATELY: Michael S. Greve: Prescription For A Banana Republic. “Why do we permit agencies to proceed in this underhanded, unreviewable fashion? The general idea is that in choosing to proceed by ‘guidance’ rather than formal, reviewable regulation, the agency is giving something up: the legally binding effect of its rulings. It’s not really coercing anybody, and so why bother the courts? That answer, however, wildly underestimates government’s ingenuity in giving real-world effect to supposedly informal documents.”