Putting Lon Fuller to Work in the Trenches

Authors

Kevin M. Stack

Document Type

Article

Publication Title

Yale Journal on Regulation

Publication Date

2021

ISSN

0741-9457

Page Number

April 13, 2021

Keywords

administrative state, administrative law, Lon Fuller, the morality of administrative law

Disciplines

Administrative Law | Law

Abstract

At the heart of Cass Sunstein and Adrian Vermeule’s insightful and important book, Law and the Leviathan: Redeeming the Administrative State, is a claim that a set of rule-of-law principles underlie and unify disparate doctrines in administrative law. Sunstein and Vermeule offer their interpretive account of administrative law not only to explicate the conceptual foundations of diverse doctrines, but also because they believe this account helps to legitimate the administrative state. The book’s ultimate suggestion is that because administrative law reflects rule-of-law principles in sufficient measure, the administrative actions it governs can be “efficacious as law,” not merely arbitrary commands.

Recommended Citation

Kevin M. Stack, Putting Lon Fuller to Work in the Trenches, 38 Yale Journal on Regulation. April 13, 2021 (2021)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1211