Administrative Law for a New Century

Abstract

This article analyzes changes in administrative law through the lens of globalization. In so doing, it addresses a basic question: what role can the state effectively play as a regulator, given the collapses of the distinction between domestic and global, as well as between public and private?

This article argues that the impact of globalization processes on United States administrative law is transforming it in new ways. The effect of this transformation shifts the role of administrative law from legitimating new extensions of public power to legitimating new mixes of public and private power, new uses of private power and increased reliance on markets to further public interest goals.

Keywords: deregulation, privatization, globalization, administraitive law, corporatism, private prisons, welfare reform, negotiated rulemaking