LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this article.
Order the full text of this article if you do not have a® ID.
US $22.00 (+ tax)

Copyright (c) 2003 New York University Law Review
New York University Law Review


May, 2003

New York University Law Review

78 N.Y.U.L. Rev. 437


Richard B. Stewart*


Introduction and History
My canvas is dauntingly broad, and I must perforce paint with broad strokes. I will focus on administrative law in relation to government regulation, broadly understood. I will first briefly summarize the central elements of administrative law in the United States over the past century and show how they carry forward, reconfigured, into our current era. I will then assess the emerging new methods for achieving regulatory goals in the face of growing administrative fatigue and the implications of those new methods for administrative law. I will conclude with a precis of the emerging international aspects of administrative law.

The Rise of Administrative Regulation
The century just concluded witnessed a dramatic rise in the scope and intensity of administrative regulation. Markets and other complex forms of private ordering generate enormous benefits, but also market inefficiencies and failures, abuses of economic power and position, environmental degradation, safety hazards, economic insecurity, dependency, and other systemic ills. In response to the demonstrated inadequacies of private and criminal law, legislatures have adopted extensive administrative programs to prevent these ills. Such programs resort primarily to the command-and-control method of regulation, under which government imposes detailed prohibitions or requirements on the conduct of individual actors: A bank must have certain minimum capital; a power plant may not emit more than a specified amount of particulate matter air pollution; we have to separate paper and metal from our other trash.

Today, almost every area of activity is subject to government ...
If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities