Rethinking Parties and Politics in Administrative Law

Michael A. Livermore, Political Parties and Presidential Oversight, 67 Al. L. Rev. 45 (2015).

Ever since courts have recognized the legitimacy of political influence on agency policymaking, scholars have struggled to formulate a model of Administrative Law that describes an appropriate balance between such influence and agency expertise. The current reigning consensus – the Presidential Control Model – fails to satisfy many critics, especially in light of recent Presidential assertions of greater and greater power over the apparatus of administrative government. […]