Congress, the Executive Brand and the Dispute Resolution Process

This rapid, recent expansion in administrative proceedings and related litigation is not, of course, a unique or isolated phenomenon. It is part of a greatly increased reliance on our judiciary to decide all manner of social, political, and economic issues. Much of this litigation may be an inexorable result of complicated social and economic interactions, heightened resort to regulatory schemes to deal with environmental, health and safety, civil rights and welfare concerns, and other historical factors. However, the point has been reached where much of it is unnecessary, unproductive, and less than ideally suited for many of the conflicts involved.

More and more administrative, business, regulatory, employment, benefit, and other decisions are being made by judicial officers pursuant to marginally relevant criteria in forums not always conducive to efficient decisionmaking.6