The Texas Tech University School of Law Digital Repository

Politicized Judicial Review in Administrative Law: Three Improbable Responses

Show full item record

Preview:
Title: Politicized Judicial Review in Administrative Law: Three Improbable Responses
Author: Murphy, Richard
Abstract: In administrative law, as elsewhere, empirical studies confirm that ideology affects judicial review of agency action to an alarming degree. After summarizing and analyzing empirical studies of judicial review in administrative law, this article proposes four models of judicial behavior that can explain the politicization of judging. While all four models are based on the literature, the article uniquely compares and contrasts them. Based on the models, the article then explores three improbable possibilities for ameliorating politicized judging. The first and least promising contemplates making administrative law clearer and more determinate, thereby depriving judges of the discretion necessary for political preferences to affect their decision-making. The second requires judges to discuss openly their political and policy preferences when explaining their administrative law decisions. The third possibility is the most plausible, least ambitious, and simplest: Require five-judge panels for a well-defined set of significant agency actions - e.g., legislative rules with significant economic effects promulgated through notice-and-comment.
Description: Co-authored by Sidney A. Shapiro
URI: http://hdl.handle.net/10601/1932
Related Resources: Click to follow Hein Online link Click to follow Westlaw link Click to follow Lexis link
Date: 2012

Files in this item

Files Size Format View
Politicized Jud ... in Administrative Law.pdf 2.676Mb PDF View/Open

This item appears in the following Collection(s)

Show full item record

Search ScHOLAR

Browse

My Account