Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

SSRN

Columbia Law School

Administrative Law

2007

Articles 1 - 1 of 1

Full-Text Articles in Law

Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss Jan 2007

Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss

Faculty Scholarship

The Real World of Arbitrariness Review (q.v.) supplements Professors Miles and Sunsteins' valuable empirical analysis of federal court of appeals Chevron decisions, with a similar analysis of merits review of EPA and NLRB actions they associate with the Court's contemporary decision in State Farm. Their analysis shows political patterns that are perhaps not surprising; one should perhaps celebrate the evidence of effective moderation on mixed panels, although doubting whether measures intended to produce such panels might tend more to legitimize than to cure the politicization of judging.

This brief responsive essay begins by setting out a framework for ...