Judicial deference to administrative action - a revisionist history

A Theory of Judicial Deference

In many instances, appellate courts defer to lower courts and administrative agencies; the appellate court allows the other agent’s decision to stand even though the appellate court has strong reason to believe that decision incorrect. We provide a model in which such deference is rational. Our model is set in a two-dimensional case space. One dimension reflects "global" facts that are known to...

Administrative Management, Administrative Regulation and the Judicial Process

In discussing problems connected with what is called public administration and administrative law, confusion not infrequently results from a failure to understand at the outset what is meant by the term "administration". A distinguished authority 1 has described administration as essentially the process of translating the general into the particular, and, as one phase of this process, the task ...

Whence and whither health insurance? A revisionist history.

Throughout the postwar era in federal health policy, policymakers have sought to expand both public and private insurance coverage, while wrestling with the cost consequences of the demand generated by the insurance-financing mechanisms thus created. This essay advances the view that the limits to insurance expansion have been reached and that public and private plan sponsors will henceforth co...

The Weight of Passion: A Revisionist History of Political Emotion

In addition to their purely scientific significance, recent advances in our understanding of emotion and its role in political behavior open up real opportunities for gaining leverage on crucial issues relating to political theory. However, much of this work argues that it represents as a fairly radical break with the Western tradition’s prevailing conceptualization of reason, emotion, and thei...

Toward a Revisionist History of the Supreme Court