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Should Congress Replace ALJs with Administrative Courts?

On Thursday, February 7, 2019, Law & Liberty and the C. Boyden Gray Center for the Study of the Administrative State at George Mason University co-sponsored “Should Congress Replace ALJ’s with Administrative Courts?” in Washington, D.C.

Scalia Law School Professor and frequent L&L contributor Michael Greve presented an expanded version of his forum essay proposing a new system of administrative law courts alongside a distinguished panel of respondents:

Robert R. Gasaway, Lecturer in Law, University of Chicago Law School

Jeffrey Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University

Adam White, Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, and Assistant Professor of Law, Antonin Scalia Law School, George Mason University

The event was moderated by The Honorable Gregory G. Katsas, Circuit Judge, U.S. Court of Appeals for the D.C. Circuit.

The event can be viewed below.

[vimeo 316675127 w=640 h=360]

Reader Discussion

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on February 27, 2019 at 20:36:26 pm

1) Richard, Brian and lauren:

Thank you so much for providing this video of the conference. Very informative.

2) how may I obtain a copy of Michael Greve's paper?

Much to digest from this discussion. I'll hold off on comments except to say that given that a return to "constitutional" lawmaking is highly doubtful, i.e., the cowardice of the Legislative will continue as will the "campaign promises" which they attempt to present as LAW, it would seem that Greve's proposal is a) a valuable, first step in providing protections to the citizenry against arbitrary / conflicting rulemaking via the mechanism of actual judicial review, b) is also a meaningful, if apparently small mechanism to restore some semblance of the separation of powers and c) could conceivably lead to a body of *administrative common* law that may serve to ensure that the rights of citizens are adequately protected AND conceivably, if as Greve asserts these Courts demonstrate competence, reliability and establish a constituency, begin to reverse the false doctrine of deference to agency interpretation. Moreover, it is conceivable that given a sufficient body / precedent of this Admin Common Law could engender a reappraisal of the legislative's improper grant of Legislative Power to the Executive Agencies. At a minimum, these courts, if sufficiently empowered / respected could compel the Legislative to write actual laws and not simply vague aspirational homilies.

Anyway, thanks again for the effort to bring this to the attention of LLB's readers.

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Law & Liberty welcomes civil and lively discussion of its articles. Abusive comments will not be tolerated. We reserve the right to delete comments - or ban users - without notification or explanation.