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July 20, 2010
Growth of the administrative state
I firmly believe that administrative law is a growth industry. Confirming this, see "Elena Kagan and the Regulatory State" on the University of Pennsylvania's RegBlog:
... [Kagan] would become the third professor of administrative law to sit on the Court at any given time, joining Justices Breyer and Scalia who, like Kagan, specialized in administrative law during their previous academic careers.
Just as the appointment of a third woman to the Supreme Court speaks of the nation’s progress in gender equality, the fact that the Court could come to include three former full-time scholars of administrative law underscores a dramatic shift that has occurred in American government over the last half century. The United States has fully transitioned from a legal system that once was organized primarily around judge-made principles – the so-called common law – to one firmly anchored in laws passed by Congress and regulations adopted by numerous federal administrative agencies, from the Department of Agriculture to the Transportation Security Administration. Ever since the New Deal, the number and scope of administrative agencies has increased dramatically. Congress has delegated so many responsibilities to agencies that today they affect all segments of the economy and many parts of our daily lives. ...
And not just at the federal level. State and local regulation has increased as well. EMM
July 20, 2010 in Admin Articles, Recent, Practitioner Concerns, Supreme Court, Teaching Admin Law | Permalink
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