Note – The Un-Creation of Rights: An Argument Against Administrative Disclaimers

Josephine K. Mason

Volume 62, Issue 2, 559-596

Boilerplate disclaimers appear with some frequency in administrative regulations, yet there has been a striking absence of discussion as to their validity. This Note argues that administrative disclaimers threaten two key constitutional concerns inherent in administrative law—proper government structure and fairness to individuals—and that courts should therefore approach administrative disclaimers with a high degree of skepticism.

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