Overcoming Parochialism: State Administrative Procedure and Institutional Design
24 Pages Posted: 5 Aug 2001
This article identifies several variations in state executive, legislative, and judicial design in comparison to the U.S. federal constitutional structure. The possible impact on state administrative procedure of these variations in institutional design are then explored. For example, the author argues that institutional design provides a novel explanation for the growth of the central panel of administrative law judges in states. At the general level, it is argued that institutional design is relevant to the path of state administrative procedure. Moreover, it is argued that institutional design makes state administrative procedure relevant by allowing scholars and law reformers to overcome the parochialism that often dominates discussion of state law issues. Rather than discussing state administrative law doctrine in the isolation, the author argues that framing the discussion in the context of institutional design can enrich debate and scholarship about state administrative procedure.
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