Adrian Vermeule and Cass Sunstein have an intriguing new paper on Libertarian Administrative Law: In recent years, several judges on the nation’s most important regulatory court — the United States Court of Appeals for the District of Columbia Circuit — have given birth to libertarian administrative law, in the form of a series of judge-made […] Read more

Adrian Vermeule has a new paper, Rationally Arbitrary Decisions (in Administrative Law). Here is the abstract: How should administrative law cope with genuine uncertainty, in which probabilities cannot be attached to outcomes? I argue that there is an important category of agency decisions under uncertainty is which it is rational to be arbitrary. Rational arbitrariness […] Read more