Judicial review in the time of cholera

Article Abstract:

The requirement for reasoned decisionmaking by administrative agencies should not be loosened in response to budgetary constraints, as Richard J. Pierce, Jr., has suggested. The problem should be worked out where it originates, between Congress and the agency, instead of asking the courts to lower standards. However, strict enforcement of statutory deadlines may not be feasible. Agencies should use risk prioritizing. Post hoc rationalization, waiver doctrine, negotiated rulemaking and application of Heckler v. Chaney are also discussed.

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Substantive reform, judicial review, and agency resources: OSHA as a case study

Article Abstract:

Priority planning may be the best response to diminished resources for administrative agencies such as the Occupational Safety and Health Administration (OSHA). Richard J. Pierce, Jr., suggests that judicial discretion represents the best way to accommodate the shortfall in agency resources. However, minimal rational basis review would not be desirable, and judges are likely to resist the call for greater deference toward agencies. Moreover, deregulation or regulatory reform would not reduce administrative burdens.

Management, United States. Occupational Safety and Health Administration

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The critique of active judicial review of administrative agencies: a reevaluation

Article Abstract:

Richard J. Pierce, Jr., has argued for restricting judicial review in response to the problem of diminishing resources for administrative agencies. However, Pierce fails to consider the benefits of judicial review, such as its role in legitimating administrative procedures. His proposal would threaten the basic values fulfilled by judicial review. More interaction among the branches of government and the public is needed, rather than the diminished judicial role suggested by Pierce.

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