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Articles 1 - 7 of 7
Full-Text Articles in Law
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Evan J. Criddle
No abstract provided.
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Fiduciary Foundations Of Administrative Law, Evan J. Criddle
Fiduciary Foundations Of Administrative Law, Evan J. Criddle
Evan J. Criddle
An enduring challenge for administrative law is the tension between the ideal of democratic policymaking and the ubiquity of bureaucratic discretion. This Article seeks to reframe the problem of agency discretion by outlining an interpretivist model of administrative law based on the concept of fiduciary obligation in private legal relations such as agency, trust, and corporation. Administrative law, like private fiduciary law, increasingly relies upon a tripartite framework of entrustment, residual control, and fiduciary duty to demarcate a domain of bounded agency discretion. To minimize the risk that agencies will abuse their entrusted discretion through opportunism or carelessness, administrative law …
Fiduciary Administration: Rethinking Popular Representation In Agency Rulemaking, Evan J. Criddle
Fiduciary Administration: Rethinking Popular Representation In Agency Rulemaking, Evan J. Criddle
Evan J. Criddle
Do administrative agencies undermine popular sovereignty when they make federal law? Over the last several decades, some scholars have argued that rulemaking by unelected agency officials imperils popular sovereignty and that federal law should resolve the apparent tension between regulatory practice and democratic principle by allowing the President to serve as a proxy for the "will of the people" in the administrative state. According to this view, placing federal rulemaking power firmly within the President's managerial control would advance popular preferences throughout the federal system.
This conventional wisdom is misguided. As political scientists have long recognized, the electorate's relative disengagement …
Chevron's Consensus, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Evan J. Criddle
No abstract provided.