Reviewability and the "Law of Rules": An Essay in Honor of Justice Scalia

Vermeule, Adrian

Journal: Notre Dame Law Review

Volume: 92

First Page: 2163

Year: 2017

Bluebook Citation: 92 NOTRE DAME L. REV. 2163 (2017)

Author: Adrian Vermeule: all 46 publications


Abstract

Justice Scalia developed a consistent approach to questions of reviewability: roughly, the idea that “general programs” and “general policies” are to be excluded from judicial review, and even general and legally binding agency rules may or may not be reviewable before enforcement. On this approach, the proper business of courts is to review specific applications of agency rules to particular parties.

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