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Full-Text Articles in Law

Justification, Legitimacy, And Administrative Governance, Matthew D. Adler Jan 2005

Justification, Legitimacy, And Administrative Governance, Matthew D. Adler

Faculty Scholarship

Richard Stewart, in his classic article ‘The Reformation of American Administrative Law,’ argues that the demise of the ’transmission belt’ model of administrative governance creates a crisis of agency legitimacy, and he skeptically surveys a range of possible solutions to the legitimacy crisis. I claim that Stewart’s skepticism is misguided. It may be true that no feasible administrative structure is democratically legitimate; but it is also true, given the logic of moral justification, that in every choice situation confronted by agency decisionmakers, or by those who design agencies, there is some morally permissible and justified choice (perhaps a choice that …


Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler Jan 2005

Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky Jan 2005

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.