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Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker
Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker
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The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.
As part of the Notre Dame Law Review’s Symposium on the History of the Administrative Procedure Act and …