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"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein May 2010

"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein

William & Mary Law Review

Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …


Don't Take The Bait: Why Usda Organic Certification Is Wrong For Salmon, Jessica Hass Feb 2010

Don't Take The Bait: Why Usda Organic Certification Is Wrong For Salmon, Jessica Hass

William & Mary Environmental Law and Policy Review

No abstract provided.