Laboratories of Democracy: State Trends in Administrative Law

Louis Brandeis famously wrote that “a single courageous State may, if its citizens choose, serve as a laboratory” for government reform. Today we see many states becoming laboratories for the reform of administrative law. Last year, the Gray Center hosted a roundtable to discuss new research on administrative law in the states.

Those papers were recently released as Gray Center Working Papers, and in today’s episode Adam White chats with two of the authors: Penn State Law’s Dan Walters, on state nondelegation doctrines; and the Pacific Legal Foundation’s Daniel Ortner, on state deference doctrines.

Papers:

Daniel Ortner, “The End of Deference: How States (and Territories and Tribes) Are Leading a (Sometimes Quiet) Revolution Against Administrative Deference Doctrines”

Daniel Ortner, “Ending Deference? Why Some State Supreme Courts Have Chosen to Reject Deference and Others Have Not”

Dan Walters, “Decoding Nondelegation After Gundy: What the Experience in State Courts Tells Us About What to Expect When We’re Expecting”

This episode features Daniel Ortner, Dan Walters, and Adam White.