Kathryn A. Watts

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Proposing a Place for Politics in Arbitrary and Capricious Review

119 Yale L.J. 2 (2009).  Current conceptions of “arbitrary and capricious” review focus on whether agencies have adequately explained their decisions in statutory, factual, scientific, or otherwise technocratic terms. Courts, agencies, and scholars alike, accordingly, generally have accepted the notion that influences from political actors, including the President and Congress, cannot properly help to explain administrative action for purposes of...