Emory Law Journal Volume 69 Issue 1 2019 Administrative Law in an Era of Partisan Volatility Michael A. Livermore Daniel Richardson Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Michael A. Livermore & Daniel Richardson, Administrative Law in an Era of Partisan Volatility, 69 Emory L. J. 1 (2019). Available at: https://scholarlycommons.law.emory.edu/elj/vol69/iss1/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact
[email protected]. LIVERMORERICHARDSONPROOFS_10.28.19 10/29/2019 10:51 AM ADMINISTRATIVE LAW IN AN ERA OF PARTISAN VOLATILITY Michael A. Livermore Daniel Richardson* ABSTRACT Contemporary politics is characterized by a polarized national discourse, weak party organizations, volatile control of government, and an increasingly assertive executive. These political dynamics interact with a system of administrative law inherited from different political times that is ill-suited to addressing the risks of the current moment, which include threats to administrative values such as efficiency, impartiality, and expertise; to democratic values such as accountability, transparency, and participation; and, most generally, to the ability of the law to benefit social well-being through sound policymaking. In recent years, some legal scholars have become attuned to the interaction between administration and these features of the political environment. Unfortunately, administrative law itself has been slow to catch up, with potentially dangerous consequences for the stable functioning of the U.S.