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policymaking settlements. The Note then proposes (1) new doctrine to make these settlements more consistent with administrative law norms, and (2
Administrations constantly bind their successors when they decide which positions to take in litigation, depending on how suc- cessfully they argue them. C. The
court, the more cumbersome and protracted their deliberations will be unless they sit in panels—and then there must be a mechanism for coordinating the
“Everybody’s got to remember what their jobs are and the prosecutor, if they’re diligent—and I believe they are—they get the best plea they can get or go
their own or their parties’ political ambitions, or to help resolve the governance problems they face. But the decisional independence the federalist
reasons, decision-makers become more ac- countable to the public and lend themselves more easily to checks, in part because they leave records of their
there is an expectation that courts will issue decisions explaining the rationales for their judgments. 15 These rationales are heavily legal
qualified and unbiased, we might assign a probability of one third to the validity of each expert’s claim. There would then 12. The calculations
demonstrate that agencies are not only engaging in do- main-specific rulemaking themselves, but they are also promoting these ideas to the formal federal court
half of the harm caused to them. These pollutees may then have reduced property values due to the undesirability of living downwind of a polluting