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June 18, 2008

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Kimball Corson

I am glad to hear you take this position Prof. Epstein. I argued it privately to Kenneth C. Davis years ago as a student at Chicago to absolutely no avail. Worse, administrative decisions are then reviewed by administrative law judges in the same agency who dine in the same cafeterias and chat with the administrative rulers on a first name basis. Everyone knows the Agency's agendas. It is much too clubby and beyond the constitutional pail as far as I am concerned. It is a constitutional shadow land. The Sixth Estate, perhaps.

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