The Un-Creation of Rights: An Argument Against Administrative Disclaimers

Josephine K. Mason, University of California Hastings College of Law

Abstract

Boilerplate disclaimers appear with some frequency in administrative regulations, yet there has been a striking absence of discussion as to their validity. In this Note, the author argues that administrative disclaimers threaten two key constitutional concerns inherent in administrative law—proper government structure and fairness to individuals—and that therefore courts should approach administrative disclaimers with a high degree of skepticism.