This Article is a call for reconsideration of the practice and judicial sanction of the administrative adjudication of contracts. It conducts a detailed examination of the adjudication of Qualifying Facility contracts by rate regulatory agencies. The broader case regarding the adjudication of contracts by administrative agencies is made to reveal the dimensions of matters of governance implicated by agency adjudication of contracts. The author concludes that regulatory bodies do not serve the best economic interests of society by adjudicating contract disputes.
Contracts in Wonderland: A Fable Regarding the Administrative Adjudication of Qualifying Facility Contracts in California,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol31/iss2/2