This Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided.
Marshall J. Breger, Indeterminacy and Craft in Judicial Review of Administrative Law: A Comment on Shapiro and Levy, 45 CATH. U. L. REV. 109 (1995).