Event Title
Administrative Equity: An Analysis of Exceptions to Administrative Rules
Location
Duke Law School
Start Date
29-1-1982 10:15 AM
End Date
29-1-1982 11:15 AM
Description
This article will develop the concept of administrative equity by showing that certain equitable forces, often thought to be outside the law, are very much at work in the regulatory arena and that exceptions granted to rules of general applicability are not necessarily random in nature. Exceptions tend to fall within a number of categories and are grounded on distinct equitable norms. This article provides a rhetorical map of the equitable maxims that make up the terrain of administrative equity. These maxims do not necessarily represent principles of justice, but they do articulate administrators' reasons - largely implicit - for granting or denying exceptions. An examination of the norms that underlie these maxims suggests an ongoing dialogue among market, regulatory, and agency values that allows contradictions within regulatory schemes and between regulatory schemes and market forces to coexist. In conclusion, this article demonstrates how administrative equity might operate within regulatory settings that rely heavily or exclusively on market forces.
Related Paper
Alfred C. Aman Jr., Administrative Equity: An Analysis of Exceptions to Administrative Rules, 1982 Duke Law Journal 277-331 (1982)
Available at: http://scholarship.law.duke.edu/dlj/vol31/iss2/2Administrative Equity: An Analysis of Exceptions to Administrative Rules
Duke Law School
This article will develop the concept of administrative equity by showing that certain equitable forces, often thought to be outside the law, are very much at work in the regulatory arena and that exceptions granted to rules of general applicability are not necessarily random in nature. Exceptions tend to fall within a number of categories and are grounded on distinct equitable norms. This article provides a rhetorical map of the equitable maxims that make up the terrain of administrative equity. These maxims do not necessarily represent principles of justice, but they do articulate administrators' reasons - largely implicit - for granting or denying exceptions. An examination of the norms that underlie these maxims suggests an ongoing dialogue among market, regulatory, and agency values that allows contradictions within regulatory schemes and between regulatory schemes and market forces to coexist. In conclusion, this article demonstrates how administrative equity might operate within regulatory settings that rely heavily or exclusively on market forces.
Comments
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