Fairness

Discussion Questions 1. Fairness is an obvious concern with respect to administrative adjudication. Do you think some aspects of adjudication mentioned in the chapter are unfair? What about the “grid-regs” or the law of estoppel? 2. The idea of rotating federal administrative law judges across various agencies, perhaps employing them as a corps rather than as agency employees, has been around for decades but never adopted. What would be the advantages and disadvantages of forming such a corps? 3. The commissioners and board members of multiheaded federal agencies are political appointees. In your view, should they be authorized to overrule administrative law judges when cases are appealed? Why or why not? 4. Agencies sometimes enforce their regulations through product testing. Identify several products that you have used in the past few days and try to develop principles for determining whether they should be subject to premarket, postmarket, or no testing at all. What are the main considerations underlying the principles you develop?                                            

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