Depoliticizing 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...

Pathology of Administrative Law in Nursing Practices

Introduction Nurses' behaviors and behaviors and decisions in the field of their activities, like other government employees, are emerging in the functioning of the state. These acts and behaviors are governed by the principles that are known as the principles governing administration. These principles, which include must and do not, are the behavior and services of the nurses Under the rule o...

Depoliticizing Democracy

It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage...

Clarence Thomas and Administrative Law