Administrative Law - Privative Clauses - The Rammell and Farrell Cases

Clarence Thomas and Administrative Law

Developing a computer tool to train law students to solve cases in administrative law

A common approach in teaching law is to make use of invented cases which have to be solved by students. This is seen as a method of learning the basic legal concepts in a certain field. The problem with this way of teaching is that teachers do not instruct students in how to solve cases in general nor how to solve cases in a specific area. There also is not enough time in the regular curriculum...

Empirical Analysis and Administrative Law

Depoliticizing Administrative Law

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) ju...

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...