Document Type
Article
Publication Date
1997
ISSN
0009-3599
Publisher
Chicago-Kent College of Law
Language
en-US
Abstract
Professors Ronald Levin and Edward Rubin want to change the way we think about important administrative law concepts. Ronald Levin's paper, The Anatomy of Chevron: Step Two Reconsidered,1 argues that Chevron's currently ill-defined second step ought to be reconceptualized as an application of arbitrary or capricious review. Edward Rubin's paper, Discretion and Its Discontents,3 is part of his ongoing project to reconceptualize the way we think-and, more importantly, the way we talk-about the modern administrative state. Professor Rubin suggests that the oft-used word "discretion" does not usefully describe the bureaucratic operation of the modern managerial state and that it profitably could be replaced with vocabulary drawn from the theory of bureaucracy.
Recommended Citation
Gary S. Lawson,
Reconceptualizing Chevron and Discretion: A Comment on Levin and Rubin
,
in
72
Chicago-Kent Law Review
1377
(1997).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/911
