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With all the changes swirling in administrative law, one trend seems to be getting less attention than perhaps it should: the death of regulatory exceptionalism in administrative law. For decades, many regulatory fields—such as tax, intellectual property, and antitrust—viewed themselves as exceptional, such that the normal rules of the road in administrative law do not apply. The Supreme Court and the lower courts have increasingly rejected such exceptionalism in many regulatory contexts, emphasizing that the Administrative Procedure Act (APA) and related administrative law doctrines are the default rules unless Congress has clearly chosen to depart from them by statute in a particular regulatory context.


All Jotwell content is available under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. The Attribution-Noncommercial Share Alike License allows others to use and modify Jotwell materials for noncommercial purposes, as long as they acknowledge Jotwell and the author of the contribution as the source of their material. This article was originally published as Christopher Walker, Revisiting Immigration Exceptionalism in Administrative Law, JOTWELL (October 4, 2023) (reviewing Emily Chertoff, Violence in the Administrative State, 112 Calif. L. Rev. __ (forthcoming 2024), available at SSRN),