Finding the Right Balance-Is the current law too close to de novo review – or just about right? What else would you want to know to make this assessment?

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Table of Contents

Module 6 | Challenging the Rationality and Reasoning of Administrative Agencies in Court
Module 6 | Discussion: Finding the Right Balance
Module 6 | Discussion: Finding the Right Balance

Discussion Icon Finding the Right Balance
Given the important functions that arbitrariness review serves but also the dynamics that it creates, it is worth asking whether the courts have struck the right balance.

Is the current law too close to de novo review – or just about right?
What else would you want to know to make this assessment?