Event Title

Conflict and Compromise Among Models of Administrative Justice

Presenter Information

Jerry L. Mashaw

Location

Duke Law School

Start Date

30-1-1981 8:45 AM

End Date

30-1-1981 10:15 AM

Description

In reflecting on criticisms of Titles II and XVI of the Social Security Act the author has developed some hypotheses that have interesting implications not just for the disability program but for the evaluation of administrative adjudication generally. First, the author thinks these criticisms reflect distinct conceptual models of administrative justice. Second, each of the models is coherent and attractive. But, third, the models, though not mutually exclusive, are highly competitive. Each model's internal logic tends to drive the characteristics of the others from the field in concrete situations.

Comments

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Related Paper

Jerry L. Mashaw, Conflict and Compromise Among Models of Administrative Justice, 1981 Duke Law Journal 181-212 (1981)

Available at: http://scholarship.law.duke.edu/dlj/vol30/iss2/1


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Jan 30th, 8:45 AM Jan 30th, 10:15 AM

Conflict and Compromise Among Models of Administrative Justice

Duke Law School

In reflecting on criticisms of Titles II and XVI of the Social Security Act the author has developed some hypotheses that have interesting implications not just for the disability program but for the evaluation of administrative adjudication generally. First, the author thinks these criticisms reflect distinct conceptual models of administrative justice. Second, each of the models is coherent and attractive. But, third, the models, though not mutually exclusive, are highly competitive. Each model's internal logic tends to drive the characteristics of the others from the field in concrete situations.