Class 18: Policymaking Through Adjudication
Agencies can create policy by engaging in rulemaking. But they can also make policy in the course of adjudicating disputes before the agency—much as courts can make law in the court of adjudicating concrete controversies. Are agencies free as a matter of law to choose whichever method of policymaking they prefer? Should they be?
Reading:
SEC v. Chenery I & II (772-91)
Bell Aerospace v. NLRB (796-801 & notes 3 and 4)
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