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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.

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