This month, on Regulation’s Notice & Comment blog, the Yale Journal is hosting an online symposium on Law & Leviathan: Redeeming the Administrative State by Harvard law professors Cass R. Sunstein and Adrian Vermeule. Jeffrey Pojanowski from Notre Dame presents the symposium here.
Law & Leviathan is an attempt to defend the administrative state from originalists, formalists, libertarians and other anti-administrativists (which they collectively refer to as “New Coke”). Sunstein and Vermeule’s argument, in a nutshell, is that the morality and legitimacy of the administrative state is guaranteed by a series of surrogate guarantees that have evolved within administrative law to ensure that administrative measures are in accordance with the rule of law and internal morality of the law are sufficient. It is an important and provocative argument that has already generated significant comments. See, for example, Adam White’s review in the WSJ, Richard Epstein’s criticism of Law & Liberty, or Paul Gowder’s extremely detailed analysis in the Law and Politics Book Review.
The Notice & Comment Symposium consists of a number of contributions from various authors, which are available here. Jeff Pojanowski’s introduction and contributions by Ronald Levin, Kevin Stack, Mila Sohoni, Nicholas Bagley, Emily Bremer and Jennifer Mascott have already been published. Still to come are contributions from Matthew Lewans, Aditya Bamzai, Kristin Hickman and you. Upon completion, the contributions will be published as a single PDF on SSRN.
If you are (and maybe not) interested in administrative law, this symposium comes highly recommended (at least until I contribute).