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    Government

    Administrative Remedies

    Because you can’t fix what you don’t understand.

    The rules governing your daily life – from the medications you take to the air you breathe, from workplace safety to financial regulation – weren’t made by Congress. They were made by federal agencies operating under delegated authority. And there’s an entire body of law governing how that power works, when it can be challenged, and what happens when it goes wrong.

    Administrative Remedies explains that law. Professor Gwendolyn Savitz and Dean Marc Roark of the University of Tulsa College of Law break down the doctrines behind the headlines – Chevron, the major questions doctrine, Jarkesy, due process, agency enforcement – using real-world analogies and current Supreme Court cases.

    For law students, practitioners, and anyone who wants the administrative state to actually make sense.

    New episodes weekly.

    Advertise

    Copyright: © Gwendolyn Savitz and Marc Roark

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    Latest Episodes:
    What Counts as an Intelligible Principle? Nov 11, 2025
    Show notes

    After 1935, the Supreme Court mostly gave up enforcing the Nondelegation Doctrine — but it didn’t give agencies unlimited power. In this episode, Gwen and Marc use relatable examples — a micromanaging homeowners association and an overzealous parks director — to explain how an “intelligible principle” keeps delegation from turning into dictatorship. From HOA lawn rules to broadband speeds, they show how Congress can give agencies discretion without letting them run wild.

    They walk through real-world statutes that rely on this idea — from OSHA’s “reasonably necessary and appropriate” safety rules to the FCC’s “public interest, convenience and necessity” standard — and discuss how courts review those limits. The conversation ranges from the Benzene case and generic-drug bioequivalence to broadband definitions that evolve as technology changes.

    Key Concepts: Intelligible Principle | Delegation Boundaries | OSHA | FCC | SEC | Benzene Case | Generic Drugs | Agency Flexibility Examples: HOA analogy | Youth sports director analogy | EPA air-quality standards | FDA bioequivalence | FCC broadband speed

    Takeaway: Delegation is inevitable — but guardrails matter. An intelligible principle ensures expertise can flourish without collapsing into favoritism or tyranny.

    🎧 Listen on Spotify | Apple Podcasts | remediespodcast.com


    When Delegation Goes Too Far: The Nondelegation Doctrine Nov 04, 2025
    Show notes

    Journey back 90 years to 1935 - the one and only year the Supreme Court decided that Congress had tried to delegate too much power.

    If delegation is so useful, why can’t Congress delegate everything? Gwen and Marc explain the Nondelegation Doctrine through analogies to filmmaking and explore how Supreme Court cases—including Schechter Poultry—define the boundary between lawmaking and execution.

    Gwen and Marc trace the constitutional limits on delegation, from the “sick-chicken case” to today’s administrative realities. They show how the Court balanced principle and practicality, and how agencies like the TSA apply flexible judgment while staying within statutory bounds.

    Key Concepts: Nondelegation Doctrine | Separation of Powers | Schechter Poultry | Panama Refining | Yakus | Agency Adaptation

    Examples: Supreme Court cases (1935–1944), TSA 3-1-1 rule, shoe-screening policies

    Takeaway: Congress must set the “what”; agencies decide the “how.” Nondelegation guards that line—and modern governance depends on keeping it workable.


    Why Congress Delegates Power to Agencies Nov 04, 2025
    Show notes

    Why does Congress hand power to agencies? Gwen and Marc compare delegation to leaving instructions for a babysitter—trust plus judgment. They trace how this practical necessity shaped everything from Hamilton’s Treasury memos to the EPA’s air-quality standards.

    Gwen and Marc unpack why Congress can’t—and shouldn’t—do it all. Through stories of early Treasury circulars and modern environmental regulation, they show how delegation lets experts turn broad legislative goals into concrete rules that adapt with science and circumstance.

    Key Concepts: Delegation | Agency Expertise | EPA | Clean Air Act | Quasi-Legislative Power

    Examples: EPA particulate-matter rules, Hamilton’s 1792 customs letters

    Takeaway: Delegation isn’t a flaw—it’s the mechanism that lets democratic government scale and respond to complexity.


    Why the Administrative State Is So Important Nov 04, 2025
    Show notes

    Gwen Savitz and Marc Roark start Administrative Remedies by explaining why modern government can't function without agencies. From small-town mayors to the FDA’s milk standards, they show how specialization and scale make the administrative state essential.

    Agencies make democratic promises real. Using analogies—from small-town government to the FDA’s definition of “milk”—they explain how constitutional hierarchy flows from the Constitution to statutes to regulations, and why the Administrative Procedure Act is the “rules behind the rules.”

    Key Concepts: Administrative State | Expertise vs Generalists | Hierarchy of Law | APA

    Examples: FDA food definitions and nutrition labels

    Takeaway: Agencies are how Congress turns broad powers into daily governance; they’re the specialists who make democratic goals work in practice.


    Teaser Nov 01, 2025
    Show notes

    Administrative Remedies - coming soon.


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