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Administrative Law

Administrative law

University of Washington School of Law

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Full-Text Articles in Law

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron Jan 2021

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron

Articles

The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions. In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …


Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini Jan 2005

Principles Of Non-Arbitrariness: Lawlessness In The Administration Of Welfare, Christine N. Cimini

Articles

This article explores whether there exists a concept of non-arbitrariness that imposes limitations on the administration of welfare benefits without rules, regulations, policies or procedures. To address this question, the article examines the concept of non-arbitrariness within various jurisprudential doctrines and the potential applicability of the concept to limit arbitrary governmental action in the welfare context. In each of the areas where courts regulate arbitrary governmental action, underlying judicial concerns give rise to jurisprudential principles. Four principles stand out. First, at a minimum, there must be a rational relationship between the government’s ends and the means it chooses to reach …


Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper Jan 1988

Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper

Articles

This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …