Event Title
Twilight or Just an Overcast Afternoon?
Location
Duke Law School
Start Date
28-2-1986 11:30 AM
End Date
28-2-1986 12:15 PM
Description
When I read the introductory paragraphs of Loren Smith's "deliberately provocative" commentary, I expected to cheer a lively challenge to some of the orthodoxies of administrative law. But, when I proceeded with Judge Smith from the general to the more particular, I found myself asking unaccustomed questions instead of cheering.
I say unaccustomed questions because it is not customary for me to ask whether an author is doing justice to the procedures employed by administrative agencies or to the activities of reviewing courts. Those institutions have their defenders and do not need me. But Judge Smith's particulars led me to ask whether he was being just in his criticism of them. I shall try to explain why in what follows. I hope that what I say will indicate why the present state of what Judge Smith refers to as the judicialization of the administrative process leaves me with the feeling not so much of twilight descending into darkness but of an ordinary overcast afternoon that could delight us by turning to bright sunlight or could turn darker and awe us with thunder and lightning and drench us with rain.
Related Paper
William H. Allen, Twilight or Just an Overcast Afternoon?, 1986 Duke Law Journal276-287 (1986)
William H. Allen, Twilight or Just an Overcast Afternoon?, 1986 Duke Law Journal 276-287 (1986)
Available at: http://scholarship.law.duke.edu/dlj/vol35/iss2/4Twilight or Just an Overcast Afternoon?
Duke Law School
When I read the introductory paragraphs of Loren Smith's "deliberately provocative" commentary, I expected to cheer a lively challenge to some of the orthodoxies of administrative law. But, when I proceeded with Judge Smith from the general to the more particular, I found myself asking unaccustomed questions instead of cheering.
I say unaccustomed questions because it is not customary for me to ask whether an author is doing justice to the procedures employed by administrative agencies or to the activities of reviewing courts. Those institutions have their defenders and do not need me. But Judge Smith's particulars led me to ask whether he was being just in his criticism of them. I shall try to explain why in what follows. I hope that what I say will indicate why the present state of what Judge Smith refers to as the judicialization of the administrative process leaves me with the feeling not so much of twilight descending into darkness but of an ordinary overcast afternoon that could delight us by turning to bright sunlight or could turn darker and awe us with thunder and lightning and drench us with rain.
Comments
This event was not recorded.