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Norms, Facts and Metaphors: the Fabulous Baker Factors and other Tall Administrative Law Tales

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When judges strike down administrative decisions, they take a step that must be justifiable and justified in normative terms. I suppose we all agree on that. Yet whole swathes of administrative law doctrine do not establish normative standards for judicial intervention. Rather, they rely on descriptive labels.The rule against bias is an excellent example. A […]

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