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This is a chapter for the forthcoming <u>Oxford Handbook of the United States Constitution</u>. I provide and compare three organizing frameworks for the administrative state. The first examines its constitutionality, the second its democratic credentials, the third its epistemic and technocratic...
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Many presidents have been interested in asserting authority over independent regulatory agencies, such as the Federal Trade Commission, the Federal Communications Commission, the Nuclear Regulatory Commission, the Securities and Exchange Commission, and the Federal Reserve Board. The underlying...
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Suppose that the costs of obtaining and using political information fall dramatically, in large part because of new technologies such as the Internet. What effects might this have on political accountability and social welfare? This response to a paper by Jane Schacter offers some skeptical...
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In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations of law: courts should defer to an agency interpretation unless the relevant statute is clear or the agency interpretation is unreasonable....
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