E ighty years on, we are seeing a resurgence of the antiregulatory and antigovernment
forces that lost the battle of the New Deal. President Trump's administration has proclaimed …

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 …

Administrative law, derived from the Administrative Procedure Act (APA) and key judicial
decisions, can seem like a minor presence in the modem regulatory process. Take just one …

ABSTRACT T he number of amicus curiae briefs filed at the Supreme Court is at an all-time
high. Most observers, and even some of the Justices, believe that the best of these briefs are …

In 2008, the collapse of the US financial system plunged the economy into the worst
economic downturn since the Great Depression. In its aftermath, the financial crisis pushed …

Administrative agencies are hierarchical bureaucracies. But those on the lower rungs don't
always fall lockstep in line with those at the top. Reasons vary. Sometimes, intra-agency …

The Administrative Procedure Act of 1946 (APA or the" Act")'is one of the most important
statutes in the United States Code. The Constitution assumes that administrative agencies …

In a series of articles that are stunningly prescient, Peter Strauss underscores the challenges
involved in locating the place of agencies in our separation of powers system of government …

This Article critiques the borrowing of private law concepts to develop doctrines of judicial
review in public law. A rising chorus of scholars has argued for a fiduciary theory of …

Scholars have long documented the expansion of While House influence over agency
decision-making; for at least the past quarter-century, presidential control has become the …