"Marbury" and the Administrative State

Minimalism and Experimentalism in the Administrative State

Minimalism is our name for the dominant liberal perspective on public policy implementation in contemporary legal scholarship. Minimalism emphasizes public interventions that incorporate market concepts and practices and that centralize and minimize administrative discretion. This essay appraises Minimalism in relation to a competing liberal view of the administrative state. Experimentalism emp...

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

The Rise and Rise of the Administrative State

The post-New Deal administrative state is unconstitutional,* and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. The original New Dealers were aware, at least to some degree, that their vision of the national government’s proper role and structure could not be squared with the written Constitution: The Administrative Process, James Landis’s...

The Vietnamese State and Administrative Co-Management of Nature Reserves

The Vietnamese government has introduced co-management in its national system of special-use forests (SUFs) to improve the effectiveness of nature and biodiversity conservation. One of the major challenges is to allow flexibility and local adaptability of co-management coordinated by SUF management boards within the overall still-rigid structure of vertical state networks. Using a critical inst...

Governing State Agencies Transformations in the Swedish Administrative Model