All Work and No Play: Why the “Play in the Joints” Doctrine Must Be Revived to Preserve State Autonomy
Majoritarian Judicial Review: Deference and the Political Construction of Judicial Power
Defending the Weak Will of the People: An Economic Perspective on Collective Will in Democratic Societies
Courts as Auditors of Legislation?
How Judicial Review Can Help Empower People to Vote with Their Feet
Dysfunction, Deference, and Judicial Review
Out of Bounds: Reviving Tinker’s Territorial Nexus to Constrain Schools’ Disciplinary Power over Student Internet Speech
Nick Emmett was a high school senior in 2000. He was a good student with a 3.95 GPA; he was co-captain of his basketball team; and he had no disciplinary history with his school. . . .
Introduction: A Symposium for the Administrative Procedure Act’s 75th Anniversary
At the Administrative Procedure Act’s (“APA”) fiftieth anniversary, Professor Richard Pierce observed that the APA “has proven to be remarkably durable.” The APA’s seventy-fifth anniversary arrives in a time of fruitful discussion among judges, scholars, practitioners, and policymakers alike. . . .
The Origins of the APA: Misremembered and Forgotten Views
In the first weeks of the Trump Administration, a Harvard Law Review article warned that at-tacks on federal regulatory agencies—and calls for their closer judicial supervision—heralded a revival of the “anti-administrativism” that animated attacks on the New Deal in the 1930s. . . .
The Decision of 1946: The Legislative Reorganization Act and the Administrative Procedure Act
In the summer of 1946, Congress enacted two laws that served as the foundation of the modern administrative state. One of them is well-known to scholars of administrative law; the other, to scholars of Congress. The first, the Administrative Procedure Act . . .