Deep Dive Episode 180 – Book Review: Administrative Law Theory and Fundamentals: An Integrated Approach

With his new casebook, “Administrative Law Theory and Fundamentals: An Integrated Approach,” Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. In the casebook, Professor Wurman proposes a theory of administrative power that he feels explains constitutional text and structure, as well as historical and modern practice, more completely than competing accounts. He argues that there are “exclusive” powers that only Congress, the President, and the courts can respectively exercise, but also “nonexclusive” powers that can be exercised by more than one branch. With this theory of “nonexclusive powers” Professor Wurman seeks to help students and scholars of administrative law critically analyze administrative law concepts such as delegation, quasi-powers, judicial deference, agency adjudications, and the separation of powers more broadly.

In this episode, Professor Wurman and Professor Richard Epstein discuss the new casebook and its theory of administrative power.

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Ilan Wurman

Associate Professor of Law

Sandra Day O'Connor College of Law, Arizona State University

Richard Epstein

Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute

New York University School of Law

Regulatory Process

Federalist Society’s Administrative Law & Regulation Practice Group

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