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Article: Enterpreting agency enabling acts: misplaced metaphors in administrative law.
- Article from:
- William and Mary Law Review
- Article date:
- May 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it.
Benjamin N. Cardozo(1)
The rapid growth of the administrative state represents one of the most significant, and some would add alarming, political developments of the twentieth century. Federal regulatory agencies have proliferated, first as a centerpiece of the New Deal and then again during the 1960s, and their powers have expanded as well. Initially greeted with some suspicion, few today question their legitimacy or centrality as legal institutions.(2) More so than do the courts, federal agencies exercise ...