JUDGES, BUREAUCRATS AND THE LEVIATHAN STATE: A REPLY TO PROFESSOR FUNK (35 YEARS LATER)

摘要

In 1984 I published a short article titled "The Role of Courts in the Implementation and Administration of Environmental Legislation."1 The article was based on a lecture I had delivered at Aarhus University in Denmark. A few months later, Professor Bill Funk published "Alive and Well in the Leviathan State: A Reply to Professor Huffman."2 Because both articles were published in Lewis & Clark Law School's alumni magazine, The Advocate, it is possible that Bill and I are the only people who ever read them. After all, alumni are more likely to look for news about their classmates than for scholarly essays in their alumni magazine. Now, thirty-five years after Professor Funk's reply, it seems timely to reply in turn. The topic remains as relevant as ever, and it is possible that both Professor Funk and I have learned a few things over the intervening decades. Having reread my words of nearly four decades ago and Bill's thoughtful reply, I can say with assurance that the questions we examined as young law professors have, if anything, grown more complicated and pressing.