Event Title
On the Costs and Benefits of Aggressive Judicial Review of Agency Action
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.
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/iss3/2On 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.
Comments
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