This article presents models of strategic behavior by agencies and courts where the ability to manipulate the instruments of decision making, rather than merely selecting policy choices, allows actors to insulate their policy choices from higher level review. The theory is based on the notion...

By and large the law of judicial review in the United States appears to be statutory and it is understood that way by most lawyers in the U.S. Scratch below the surface, however, and the federal courts in the U.S. may not actually behave all that differently than court systems with an openly...