- 17. Durkee Article Post ME Proof 1 clean

legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with

The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State

settled. Relying on this shaky and unrealistic assumption to build an account of the administrative state’s democratic legitimacy has always been

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abstract. Is the Supreme Court’s legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, How to Save the

823 TH E YA LE LA W JO UR N AL F O R UM J A N U A R Y 2 6 , 2 0 2 2 Solidarity, Legitimacy, and the Janus Double Bind J. Colin Bradley

Technocratic Pragmatism, Bureaucratic Expertise, and the Federal Reserve

legitimacy to carry out core historical functions. On the other, hewing too closely to precedent and existing expertise risks institutional failure of a

- Epps & Sitaraman Feature

legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court’s ability to render impartial justice, the Court’s power to

likely to vote along party lines more consistently than ever before in American history. That development gravely threatens the Court’s legitimacy. If in

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governing criminal jury composition. While the Supreme Court has defended the requirement by invoking demographic conceptions of the jury’s legitimacy

Daniel Farber, Rubin Danberg-Biggs, and the students in Professor Tyler’s Legitimacy seminar for their valuable feedback. Benjamin Della Rocca and the