Document Type

Article

Publication Date

2023

Publication Information

Hoover Institution (Nov. 13, 2023), https://www.hoover.org/sites/default/files/research/docs/Bremer_WebReadyPDF.pdf.

Abstract

Administrative law today neglects administration, focusing instead on power and the institutions that wield it, particularly the Supreme Court, the president, and Congress. Tracing the field’s reorientation—from the New Deal–era cases that revealed the thin political will behind the Administrative Procedure Act to the emergence of the Chevron doctrine—this paper argues that administrative law’s obsession with power corrupts the field.

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