Event Title

On the Costs and Benefits of Aggressive Judicial Review of Agency Action

Presenter Information

Cass R. Sunstein

Location

Duke Law School

Start Date

24-1-1989 10:30 AM

End Date

24-1-1989 12:00 PM

Description

In this essay, the author undertakes three tasks. The first is to describe some of the difficulties of defining "benefits" in the setting of judicial review of administrative action. The second task is to offer reasons, though tentative and largely anecdotal ones, for an affirmative answer to the question whether aggressive judicial review has produced "net benefits." At the very least, the author suggests, aggressive judicial review has had significant benefits in many settings. The third and final task is to outline some proposals by which to increase the benefits, and decrease the risks, of an aggressive judicial posture in administrative law.

Comments

This event was not recorded.

Related Paper

Cass R. Sunstein, On the Costs and Benefits of Aggressive Judicial Review of Agency Action, 1989 Duke Law Journal 522-537 (1989)

Available at: http://scholarship.law.duke.edu/dlj/vol38/iss3/2


This document is currently not available here.

Share

COinS
 
Jan 24th, 10:30 AM Jan 24th, 12:00 PM

On the Costs and Benefits of Aggressive Judicial Review of Agency Action

Duke Law School

In this essay, the author undertakes three tasks. The first is to describe some of the difficulties of defining "benefits" in the setting of judicial review of administrative action. The second task is to offer reasons, though tentative and largely anecdotal ones, for an affirmative answer to the question whether aggressive judicial review has produced "net benefits." At the very least, the author suggests, aggressive judicial review has had significant benefits in many settings. The third and final task is to outline some proposals by which to increase the benefits, and decrease the risks, of an aggressive judicial posture in administrative law.