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As the title suggests, this will be a dispassionate essay. I will not take sides concerning which political branch of the current federal government, the President or the Congress, is embarked on a course that is more likely to impair the appropriate role of American administrative law in structuring and checking administrative action. Nor will I attempt to determine whether ignorance of, or cynicism about, the law is the greater sin for would-be designers of public institutions. My stance is that of a neutral observer: a chronicler of current events and an analyst of their implications for the role of law in an imploding administrative state.
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