At Liberty Law Blog, Joseph Postell (University of Colorado-Colorado Springs): Administrative Adjudication: Even Worse than it Looks? (commenting on Philip Hamburger's important book Is Administrative Law Unlawful?). From the introduction:
I knew that there were problems with administrative adjudication – I just didn’t grasp how pervasive the problems were until Hamburger laid them out so systematically.
Hamburger notes that “Scholars generally recognize that administrative adjudication is in tension with the Constitution’s grant of judicial power to the courts and its guarantee of due process.” Administrative adjudication also, he adds, “restores an extra legal judicial regime….never since the time of James I has the extralegal challenge been so profound.”
Posted at 6:30 AM