- Last year’s Federalist Society Student Symposium at the Stanford Law School included an unusually interesting panel on the Rule of Law and the Administrative State, consisting of Peter Shane, Richard Epstein, David Barron, and Judge Brett Kavanaugh. Along the way, the speakers make some assertions about the history of the administrative state that are instructive for any historian who needs to check her own understanding of the subject against that of those outside the historical discipline. I particularly enjoyed Professor Epstein’s evisceration of Felix Frankfurter on the judicial review of the FCC, even though he erroneously claims that Frankfurter learned about the administrative state at the feet of James Landis, when of course it was the other way around. You may view or download the session here. [DRE]
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