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Article
Putting Lon Fuller to Work in the Trenches
Yale Journal on Regulation
  • Kevin M. Stack
Document Type
Article
Publication Date
1-1-2021
Keywords
  • administrative state,
  • administrative law,
  • Lon Fuller,
  • the morality of administrative law
Disciplines
Abstract

At the heart of Cass Sunstein and Adrian Vermeule’s insightful and important book, Law and the Leviathan: Redeeming the Administrative State, is a claim that a set of rule-of-law principles underlie and unify disparate doctrines in administrative law. Sunstein and Vermeule offer their interpretive account of administrative law not only to explicate the conceptual foundations of diverse doctrines, but also because they believe this account helps to legitimate the administrative state. The book’s ultimate suggestion is that because administrative law reflects rule-of-law principles in sufficient measure, the administrative actions it governs can be “efficacious as law,” not merely arbitrary commands.

Citation Information
Kevin M. Stack. "Putting Lon Fuller to Work in the Trenches" Yale Journal on Regulation Vol. 38 (2021) p. April 13, 2021 ISSN: 0741-9457
Available at: http://works.bepress.com/kevin-stack/23/