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Administrative agencies are often said to possess (a) expertise and (b) accountability. These are the attributes that Justice Stevens relied on in Chevron, for example, to justify judicial deference to agency “interpretation” that is really policymaking. Both of these admirable characteristics are exaggerated, but neither is mythical. What is to be done, however, when they conflict?

Publication Date

1-23-2012

Publisher

Jotwell: The Journal of Things We Like (Lots)

Disciplines

Administrative Law

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