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Comparative Broadcast Licensing Procedures And The Role Of Law: A Fuller Investigation, Michael Botein

Articles & Chapters

Professor Botein examines the validity of Professor Fullers widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social task, which Fuller has labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a poblem unsuited to adjudication. Taking as his starting point Professor Fullers criticism of the FCC- a criticism Fuller never tested against the Commission's actual operations-Professor Botein examines Fuller's theory of polycentricity by analyzing its contentsJ applying it to concrete situations) and exploring whether there exists any alternatives better than the Commission's present …