A Reply to Judicialization

In a recent article, Judge Loren A. Smith describes and criticizes a trend towards judicialization in administrative law. To counter the trend towards judicialization, Judge Smith suggests that we reevaluate fundamental notions of administrative law. Because Judge Smith\u27s approach suggests such sweeping changes in administrative law, we cannot simply test it on the level of any particular policy suggestion. Instead, we must examine both his description of the state of modern administrative law and his normative judgments as to the proper functions of administrative law