The Dis-Integration of Administrative Law: A Comment on Shapiro

E. Donald Elliott, Yale Law School

Abstract

Martin Shapiro's proposal to break "administrative discretion" down
into smaller units is a step in the right direction, but it does not go far
enough.1 In this Comment, I propose an alternative view which I call the
"dis-integration" of administrative law. I do not mean that administrative
law no longer exists, but rather that it is gradually becoming a more diffuse
and less powerful force in the law.