ABSTRACT
Neoliberal efforts to reform regulatory regimes in the United States have called for a reconfiguration of state authority from a coercive model to a market model based on cooperative principal-agent relationships (Harrington and Turem 2006: 202), or what some call a “customer service concept” (Sparrow 2000: 45). On the one hand, the advance of neoliberal political values has diminished the oversight role of the judiciary over executive agencies and marked “the end of active engagement by the courts to define and formalize the boundaries of rulemaking” (Harrington and Turem 2006: 204). On the other hand, courts have been called upon by advocates of neoliberal policies to make regulation of property more reliant upon market forces and free exchange than governmental control of property use.
