Nicholas Bagley on Fetishizing Administrative Procedure

Ipse Dixit

In this episode, Nicholas Bagley, Professor of Law at the University of Michigan Law School, discusses his article "The Procedure Fetish," which was published in the Michigan Law Review. Bagley begins by observing that administrative procedure has both costs and benefits. He argues that we fetishize administrative procedure, telling ourselves it provides benefits it can't deliver, at the cost of preventing agencies from regulating more effectively. He argues that administrative procedure pushes regulation in a libertarian or "status quo" direction. And he reflects on why we have chosen to put our administrative eggs in a procedural basket. Bagley is on Twitter at @nicholas_bagley.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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