Rethinking Judicial Review of Administrative Action: A Nineteenth Century Perspective, 32 Cardozo Law Review 2241 (2011)
Nearly a decade ago, Paul Verkuil published an article titled An
Outcomes Analysis of Scope of Review Standards. Paul's article
begins with a wonderfully candid quotation from Judge Pat Wald:
"After fifty years ... we have yet to agree on how this review should
operate in practice. We are still struggling with where to draw the line
between obsequious deference and intrusive scrutiny." Judge Wald
was, of course, talking about the fifty years from the passage of the
Administrative Procedure Act in 1946, which codified the then-evolving
practice of the federal courts under diverse, specific statutory review
provisions and their general federal question jurisdiction.
Date of Authorship for this Version
Mashaw, Jerry L., "Rethinking Judicial Review of Administrative Action: A Nineteenth Century Perspective" (2011). Faculty Scholarship Series. Paper 4662.