Professor Botein examines the validity of Professor Fuller's widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social tasks, which Fuller had labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a problem unsuited to adjudication. Taking as his starting point Professor Fuller's criticism of the FCC -- a criticism Fuller never tested against the Commission's actual operations -- Professor Botein examines Fuller's theory of polycentricity by analyzing its contents, applying it to concrete situations, and exploring whether there exists any alternatives better than the Commission's present adjudicatory procedure.
Comparative Broadcast Licensing Procedures and the Rule of Law: A Fuller Investigation
Available at: http://digitalcommons.law.uga.edu/fac_artchop/45