文档介绍：The Reformation of American Administrative Law Author(s): Richard B. Stewart Source: Harvard Law Review, Vol. 88, No. 8 (Jun., 1975), pp. 1667-1813 Published by: The Harvard Law Review Association Stable URL: ble/1340207 Accessed: 23/02/2009 06:27 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at e/info/about/policies/. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, mercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at ion/showPublisher?publisherCode=harvardlaw. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-anization founded in 1995 to build trusted digital archives for scholarship. We work with the munity to preserve their work and the materials they rely upon, and to build mon research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact ******@. The Harvard Law Review Association is collaborating with JSTOR to digitize, preserve and extend access to Harvard Law Review. REFORMATION OF AMERICAN ADMINISTRATIVE LAW Richard B. Stewart TABLE OF CONTENTS PAGE I. THE TRADITIONAL MODEL AND THE PROBLEM OF DISCRETION ........... I67I A. The Traditional M odel ........................................ I67I B. The Problem of Discretion ................ ..................... 1676 C. The Problem of Discretion Renewed ............................. I68i II. ALTERNATIVE RESPONSES TO THE PROBLEM OF AGENCY DISCRETION ..... i688 A. Abolition of Agencies: The Return to the Market ................. 1689 B. Reviving the Doctrin