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Images Of Representation, Elizabeth Magill
Images Of Representation, Elizabeth Magill
All Faculty Scholarship
This paper is one of a series of papers commemorating Richard Stewart’s important article, The Reformation of American Administrative Law. Among other things, Stewart’s 1975 article identified “interest representation” as the central idea that animated a series of important and disparate developments in administrative law doctrine.
This paper unpacks the idea of interest representation and identifies tension in that idea. It does so by asking a simple question: What is the function of representing interests in administrative process? The paper argues that, in Stewart’s work and in the law more generally, there are two distinct answers to that question. One …
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
Mark Fenster