Now showing items 1-4 of 4
Reviving and Refining a Pragmatic Approach to Finality
(Jotwell The Journal of the Things We Like (Lots), 2017)
Reviewing William Funk, Final Agency Action After Hawkes, 11 N.Y.U.J.L. & Liberty (forthcoming 2017), available at SSRN. Finds that Professor Funk makes an able argument that courts should apply finality doctrine in a ...
Politics and Policy Change in American Administrative Law
(Windsor Yearbook of Access to Justice, 2010)
This essay uses Justice Scalia’s and Breyer’s dueling opinions in FCC v. Fox Television Stations, Inc., as a vehicle for exploring the contested relationship between politics and policy change in administrative law. In ...
Politicized Judicial Review in Administrative Law: Three Improbable Responses
(George Mason Law Review, 2012)
In administrative law, as elsewhere, empirical studies confirm that ideology affects judicial review of agency action to an alarming degree. After summarizing and analyzing empirical studies of judicial review in administrative ...
Eight Things Americans Can't Figure Out About Controlling Administrative Power
(Administrative Law Review, 2008)
Administrative law is difficult because it reflects a tension between two fundamental impulses that pull in opposite directions. Effective government requires the allocation of discretionary power to agency officials, but ...