Libertarian Administrative Law

DSpace/Manakin Repository

Libertarian Administrative Law

Citable link to this page

 

 
Title: Libertarian Administrative Law
Author: Sunstein, Cass Robert; Vermeule, Cornelius Adrian

Note: Order does not necessarily reflect citation order of authors.

Citation: Cass R. Sunstein & Adrian Vermeule, Libertarian Administrative Law, 82 U. Chi. L. Rev. 39 (2015).
Full Text & Related Files:
Abstract: In recent years, several judges on the nation’s most important regulatory court -- the United States Court of Appeals for the District of Columbia Circuit -- have given birth to libertarian administrative law, in the form of a series of judge-made doctrines that are designed to protect private ordering from national regulatory intrusion. These doctrines involve nondelegation principles, protection of commercial speech, procedures governing interpretive rules, arbitrariness review, standing, and reviewability. Libertarian administrative law can be seen as a second-best option for those who believe, as some of the relevant judges openly argue, that the New Deal and the modern regulatory state suffer from basic constitutional infirmities. Taken as a whole, libertarian administrative law parallels the kind of progressive administrative law that the same court created in the 1970s, and that the Supreme Court unanimously rejected in the Vermont Yankee case. It should meet a similar fate. Two cases to be decided next Term provide an opportunity for the Court to repudiate libertarian administrative law.
Published Version: https://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/82_1/14%20Sunstein%20%26%20Vermeule_ART_Internet.pdf
Other Sources: http://ssrn.com/abstract=2460822
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:16152778
Downloads of this work:

Show full Dublin Core record

This item appears in the following Collection(s)

 
 

Search DASH


Advanced Search
 
 

Submitters