inexpertness


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179) For example, a strict rulebound approach would have little patience for the open-ended, standard-filled predatory pricing test applied by the Court in Pacific Bell; yet the Pacific Bell opinion applied that test without criticism, invoking anti-messiness arguments only to note that the rejected statutory reading would have required lower courts to monitor prices in both wholesale and retail markets and evaluate appropriate pricing levels-neither of which courts are qualified to do (a judicial inexpertness argument).
This is most obvious with respect to the judicial inexpertness form of anti-messiness argument, but also true of the indeterminacy and the practical difficulty based anti-messiness arguments.
Mendelson, supra note 2, at 779-97 (citing concerns of agency inexpertness, arbitrary decision making, and self-aggrandizement); Catherine M.