The administrative agon: A democratic theory for a conflictual regulatory state

DE Walters - Yale LJ, 2022 - HeinOnline
A perennial challenge for the administrative state is to answer the" democracy question":
how can the bureaucracy be squared with the idea of self-government of, by, and for a …

The constitutional duty to supervise

GB Metzger - Yale LJ, 2014 - HeinOnline
The IRS targets Tea Party organizations' applications for nonprofit tax-exempt status for
special scrutiny. Newly opened online federal health exchanges fail to function. Officials at …

Internal administrative law

GE Metzger, KM Stack - Mich. L. Rev., 2016 - HeinOnline
For years, administrative law has been identified as the external review of agency action,
primarily by courts. Following in the footsteps of pioneering administrative law scholars, a …

An enduring, evolving separation of Powers

JD Michaels - Colum. L. Rev., 2015 - HeinOnline
This Article tells the story of the transition from constitutional to administrative to privatized
governance. It is a story of the perennial struggle between state power and constraint …

Designing administrative law for adaptive management

RK Craig, JB Ruhl - Vand. L. Rev., 2014 - HeinOnline
In the never-ending project to build a better regulatory state mousetrap, two of the most
seductive reinvention models to emerge over the past few decades have been market …

Intra-agency coordination

J Nou - Harv. L. Rev., 2015 - HeinOnline
Congress or the President, manage and operate their organizational divisions. It pre-sents a
theory of how administrative leaders use internal hierarchies and procedures to process …

Administrative states: Beyond presidential administration

J Bulman-Pozen - Tex. L. Rev., 2019 - HeinOnline
Although the reach of federal agencies has never been greater, nearly every significant
administrative action finds itself vulnerable to legal challenge, political reversal, or both. The …

The regulatory state in the information age

JE Cohen - Theoretical Inquiries in Law, 2016 - degruyter.com
This Article examines the regulatory state through the lens of evolving political economy,
arguing that a significant reconstruction is now underway. The ongoing shift from an …

Sticky Regulations

AL Nielson - U. Chi. L. Rev., 2018 - HeinOnline
Modern administrative law is often said to present a dilemma. On one hand, robust public
participation in the regulatory process is valuable, and agencies should not promulgate …

Of constitutional custodians and regulatory rivals: An account of the old and new separation of powers

JD Michaels - NYUL Rev., 2016 - HeinOnline
The study of American public administration often zeroes in on questions of control. Who
should direct, guide, or check our vast and powerful administrative agencies-and in what …