Event Title
A Conservative's Comments on Edley and Sunstein
Location
Duke Law School
Start Date
1-3-1991 1:30 PM
End Date
1-3-1991 2:15 PM
Description
The author finds Professor Edley's perspective on the administrative process of great interest. Like him, he agrees that there exist today various crises both in administrative law and in the regulatory process. Edley fails, however, to distinguish between problems that stem from administrative structure and process, and those that stem from the political arena. The author agrees with Sunstein that we must shift our attention away from courts and toward different audiences, such as Congress, administrators, and the public. Where the author differs, however, is that he believes Sunstein's "substance project" can only be successfully addressed by examining the "especially pervasive and often overlooked problem" of administrative structure.
Related Paper
Marshall J. Breger, A Conservative’s Comments on Edley and Sunstein, 1991 Duke Law Journal 671-688 (1991)
Available at: http://scholarship.law.duke.edu/dlj/vol40/iss3/4A Conservative's Comments on Edley and Sunstein
Duke Law School
The author finds Professor Edley's perspective on the administrative process of great interest. Like him, he agrees that there exist today various crises both in administrative law and in the regulatory process. Edley fails, however, to distinguish between problems that stem from administrative structure and process, and those that stem from the political arena. The author agrees with Sunstein that we must shift our attention away from courts and toward different audiences, such as Congress, administrators, and the public. Where the author differs, however, is that he believes Sunstein's "substance project" can only be successfully addressed by examining the "especially pervasive and often overlooked problem" of administrative structure.
Comments
This event was not recorded.