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Organization's Own Description:
The first of its kind, the Center for the Study of the Administrative State will examine the administrative state as a whole, its constitutional foundations and its political and economic impacts.
Problems of administrative accountability occur in all three branches of the federal government.
Congress often delegates open-ended authority to agencies, but manages waivers and exemptions for its favored groups.
Executive Agencies often seize broad authority from open-ended statutes, regulating through informal mechanisms, and imposing requirements through consent decrees and litigation threats.
The Judiciary has posed few barriers to this expansion, because current judicial doctrines require significant deference to agency interpretations.
Administration increasingly occurs in informal and unorthodox ways, allowing for the growth of the federal government outside the checks and balances of the Constitution. In practice, compliance with regulatory requirements imposes heavy economic, political, and social costs on individuals and businesses.
The Center will respond to these developments by studying the modern administrative state from a variety of perspectives. Scholars will examine the constitutional structure for administrative action, the review of administrative action in the courts, and the law and economics of agency policies. The Center will coordinate, promote, and fund top quality research and link that research to litigation challenges and to public policy debates about the administrative state.
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