Emily S. Bremer (Notre Dame Law School) has posted Making Our Ministry of Justice on SSRN. Here is the abstract:
This Essay evaluates the Judiciary Act of 1925 from an administrative law perspective. It argues that principles ordinarily associated with administrative governance pervade the law’s origin, purpose, means, and effect. The cumulative result was to transform the Supreme Court from an appellate court of last resort into a ministry of justice, i.e., an agency at the head of a hierarchically organized federal judicial branch.
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