Event Title
A Reply to Judicialization
Location
Duke Law School
Start Date
28-2-1986 8:45 AM
End Date
28-2-1986 9:45 AM
Description
In a recent article, Judge Loren A. Smith describes and criticizes a trend towards "judicialization" in administrative law. To counter the trend towards judicialization, Judge Smith suggests that we reevaluate fundamental notions of administrative law. Because Judge Smith's approach suggests such sweeping changes in administrative law, we cannot simply test it on the level of any particular policy suggestion. Instead, we must examine both his description of the state of modern administrative law and his normative judgments as to the proper functions of administrative law.
Related Paper
Carl McGowan, A Reply to Judicialization, 1986 Duke Law Journal 217-237 (1986)
Available at: http://scholarship.law.duke.edu/dlj/vol35/iss2/1A Reply to Judicialization
Duke Law School
In a recent article, Judge Loren A. Smith describes and criticizes a trend towards "judicialization" in administrative law. To counter the trend towards judicialization, Judge Smith suggests that we reevaluate fundamental notions of administrative law. Because Judge Smith's approach suggests such sweeping changes in administrative law, we cannot simply test it on the level of any particular policy suggestion. Instead, we must examine both his description of the state of modern administrative law and his normative judgments as to the proper functions of administrative law.
Comments
This event was not recorded.