To Democratize Environmental Law, Let Ordinary People Decide

To Democratize Environmental Law, Let Ordinary People Decide

This post is part of our symposium on democratizing administrative law. You can find all the posts in the series here. Environmental law has never felt so undemocratic. On nearly every aspect of environmental protection, the federal government is disconnected from the desires of its citizens. Despite overwhelming public support for increased government action on…

The democratic political economy of Administrative Law

The democratic political economy of Administrative Law

This post is part of our symposium on democratizing administrative law. You can find all the posts in the series here. The modern administrative state has always faced ongoing debates about the appropriate balance between administrative authority and procedural constraint. But we are in a new moment of political peril in this debate. A newfound skepticism…

Policymaking as power-building

Policymaking as power-building

This post is part of our symposium on democratizing administrative law. You can find all the posts in the series here. Economic inequality and political inequality go hand in hand. American government is empirically more responsive to wealthy citizens, who are better organized and more represented in policymaking institutions. These findings, coupled with an increasingly blatant…

Critics of the Administrative State Have a History Problem

Critics of the Administrative State Have a History Problem

This post is part of our symposium on democratizing administrative law. You can find all the posts in the series here. For the first time in nearly a century, the conservative scholars, judges, lawyers, and advocacy groups challenging the constitutional foundations of the modern administrative state have reached a critical mass. At stake is the structure…

Reclaiming Notice and Comment

Reclaiming Notice and Comment

This post is part of our symposium on democratizing administrative law. You can find all the posts in the series here.  In June 2016, five months before the election of President Donald Trump, Senator Elizabeth Warren wrote a post for the Regulatory Review on “corporate capture of the regulatory process.” It highlighted myriad opportunities in…