Jeffrey Pojanowski’s new article, published in January, makes three contributions to administrative law scholarship: (1) he surveys the current landscape of administrative law theory, identifying three distinct approaches; (2) he identifies a fourth, “neoclassical,” approach, emerging out of the recent jurisprudence of the Supreme Court’s moderate conservative wing; and (3) he defends the neoclassical approach as normatively superior to the alternatives. I find (1) to be wholly convincing and immensely helpful as a way of understanding contemporary administrative law, (2) to be a useful description of what judges like Chief Justice Roberts and Justice Kavanaugh think they’re doing, but (3) to be fundamentally unpersuasive.
Continue reading “Reading Notes: Jeffrey A. Pojanowski, “Neoclassical Administrative Law”, 133 Harvard Law Review 852 (2020)”