Dialogue, Deferred and Differentiated

Abstract:     
When agency actions are challenged in court multiple times in an iterative fashion, the resulting dialogue offers insights into the features of the court/agency relationship that are not necessarily apparent in other contexts. In Deference and Dialogue in Administrative Law, I examine a number of serial cases and develop a dialogic account of the resulting back-and-forth exchanges. In his thoughtful response, Of Dialogue — and Democracy — in Administrative Law, Professor Jim Rossi offers additional considerations for developing a fuller account of dialogue in administrative law. This reply takes up Professor Rossi’s invitation to consider how reviewability doctrines factor into the dialogic account of administrative law. In addition, it offers a more broadly conceived view of dialogue as an attractive and important legitimizing component of effective governance.

Number of Pages in PDF File: 9

Keywords: administrative, nonreviewability, risk regulation, dialogue, judicial review

Accepted Paper Series