Administrative law rests on two fictions. The first, the nondelegation doctrine, imagines that Congress does not delegate legislative power to agencies. The second, which flows from the first, is that the administrative state thus exercises only executive power, even if that power sometimes...

Changes in technology and economic power have radically shifted the media landscape in the United States and throughout the world. Despite this, the regulatory model being used was adopted in 1996 at the dawn of the Internet age or inherited from Congress's earlier legislative efforts. This...

Intro -- Contents -- Series Editors' Foreword -- Preface -- 1 Separated We Stand -- 2 That Old-Time Religion -- 3 Orthodoxy and Its Discontents -- 4 Raising the Bar: Law and the Administrative Process -- 5 A Theory of Politically Responsive Bureaucrats -- 6 Managerial Responsibility: A Precept...