Undue Deference Ever since its inception, the Chevron debate has served as a placeholder for more fundamental contentions.
Redemption Without Repentance Cass Sunstein and Adrian Vermeuele have provided an accessible defense of a curiously ill-defined beast—the “administrative state.”
Ten Thousand Cases Judicial review is too frequent to deem the Court a mere lapdog of Congress, but decisions upholding federal statutes far outnumber invalidations.
Too Big To Succeed A review of Why Government Fails So Often—And How It Can Do Better, by Peter H. Schuck.
Not Originally Intended A review of Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference), by Jerry L. Mashaw