The political roots of the judicial dilemma

Article Abstract:

The widening gap between administrative agency responsibilities and resources pointed out by Richard J. Pierce, Jr., is a serious problem because it promotes arbitrariness and inequity, leads to distortion of priorities, and confuses public deliberation. Pierce points to shrinking appropriations for administrative agencies without any corresponding reduction in statutory responsibilities. Part of the problem comes from divided government, as the public continues to elect a President from one party and a majority of Congress from the other.

Political aspects, Powers and duties, Administrative agencies, Government agencies, Judicial review of administrative acts

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Comment: rulemaking ossification - a modest proposal

Article Abstract:

The best way to reform the administrative rule making process and take power away from judges is to create a fast-track for agencies to return rules to Congress to be codified as law. This would assure oversight by a democratically elected body, something lacking under the current system, where bureaucrats and judges make final decisions. Richard Pierce's suggestion that the reasoned decisionmaking standard of judicial review is obsolete makes for good deconstructive theory, but is an impractical approach to the problem.

Analysis, Interpretation and construction, Innovations, Administrative procedure, Administrative law, Delegation of powers, Legislative oversight

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Tribute to the Honorable Patricia M. Wald

Article Abstract:

A tribute by three colleagues and friends is presented to honor Judge Patricia Wald who served on the U.S. Circuit Court of Appeals for the District of Columbia and who left that court to sit on the International Court of Justice.

United States, Officials and employees, Judges, Testimonial, International Court of Justice (The Hague, Netherlands), Wald, Patricia M., United States. Court of Appeals for the District of Columbia Circuit

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