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Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State
(New York University Law Review, 2003)
This Article argues that efforts to square the administrative state with the constitutional
structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State
(Georgetown Law Journal, 2003)
Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...