We begin with a puzzling fact. Although the study of administrative law began in earnest more than fifty years ago, we still know little about what is perhaps the central question in that field: How does judicial review actually affect agency decisionmaking? This question goes to the fundamental nature and quality of the modem administrative state, yet academic specialists have largely neglected it; the subject remains a matter for uninformed speculation.
Date of Authorship for this Version
Elliott, E. Donald and Schuck, Peter H., "To the Chevron Station: An Empirical Study of Federal Administrative Law" (1990). Faculty Scholarship Series. 5091.