Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Legislating for Litigation: Delegation, Public Policy, and Democracy
When Congress enacts command-and-control regulation, it chooses between implementation through litigation and courts, through bureaucracy, or through a hybrid regime. Since the late 1960s, the frequency with which Congress has relied on civil litigation for frontline enforcement of statutes grew dramatically, and with it grew rates of federal statutory litigation and the role of courts…