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Researching Administrative Law, Keith Lacy
Researching Administrative Law, Keith Lacy
Law Librarian Scholarship
Administrative law is a broad subject area concerning the laws and procedures governing administrative agencies. It also encompasses the substantive law produced by those agencies — most commonly in the form of regulations (rules) or agency decisions. This article highlights a few major resources for researching administrative law in the United States.
Law & Leviathan: The Best Defense?, Ronald Levin
Law & Leviathan: The Best Defense?, Ronald Levin
Scholarship@WashULaw
In their recent book Law & Leviathan, Cass Sunstein and Adrian Vermeule unveil a novel and provocative approach to legitimating the modern administrative state. Their starting point is a set of procedural principles that the legal philosopher Lon Fuller described as fundamental premises of the law’s “internal morality.”
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
Scholarship@WashULaw
Twenty-five years ago, the Administrative Conference of the United States (ACUS) brought the technique of “direct final rulemaking” to the attention of the administrative law community. Since that time, agencies have used the technique thousands of times to adopt noncontroversial regulations on an expedited basis. But its legality depends on a creative reading of the Administrative Procedure Act (APA). A recent D.C. Circuit case, applying the APA in a manner that overlooked the distinctive features of this device, has exposed this vulnerability and may well have seriously undermined the viability of the practice.
This column criticizes a case that came …