Law and Leviathan

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Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

A Guide to Judicial and Political Review of Federal Agencies

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Publisher : American Bar Association
ISBN 13 : 9781590314838
Total Pages : 340 pages
Book Rating : 4.3/5 (148 download)

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Book Synopsis A Guide to Judicial and Political Review of Federal Agencies by : John Fitzgerald Duffy

Download or read book A Guide to Judicial and Political Review of Federal Agencies written by John Fitzgerald Duffy and published by American Bar Association. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.

Progress Report of the Committee on Assessment: Administrative review agencies

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (838 download)

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Book Synopsis Progress Report of the Committee on Assessment: Administrative review agencies by : International Association of Assessing Officers

Download or read book Progress Report of the Committee on Assessment: Administrative review agencies written by International Association of Assessing Officers and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal Administrative Agencies

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Publisher :
ISBN 13 : 9780674491540
Total Pages : 190 pages
Book Rating : 4.4/5 (915 download)

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Book Synopsis The Federal Administrative Agencies by : Henry J. Friendly

Download or read book The Federal Administrative Agencies written by Henry J. Friendly and published by . This book was released on 2013-10-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Reorganization and Legislative Management

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Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Administrative Reorganization and Legislative Management by : United States. Congress. House. Commission on Administrative Review

Download or read book Administrative Reorganization and Legislative Management written by United States. Congress. House. Commission on Administrative Review and published by . This book was released on 1977 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Review Agencies

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Publisher :
ISBN 13 :
Total Pages : 69 pages
Book Rating : 4.:/5 (4 download)

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Book Synopsis Administrative Review Agencies by : International Association of Assessing Officers

Download or read book Administrative Review Agencies written by International Association of Assessing Officers and published by . This book was released on 1939 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Is Administrative Law Unlawful?

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Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

An Act in Relation to Judicial Review of Decisions of Administrative Agencies (known as the "Administrative Review Act.") Approved May 8, 1945 : in Effect January 1, 1946 : the Department of Revenue of the State of Illinois ...

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis An Act in Relation to Judicial Review of Decisions of Administrative Agencies (known as the "Administrative Review Act.") Approved May 8, 1945 : in Effect January 1, 1946 : the Department of Revenue of the State of Illinois ... by : Illinois

Download or read book An Act in Relation to Judicial Review of Decisions of Administrative Agencies (known as the "Administrative Review Act.") Approved May 8, 1945 : in Effect January 1, 1946 : the Department of Revenue of the State of Illinois ... written by Illinois and published by . This book was released on 1945 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Administrative State

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Author :
Publisher : Routledge
ISBN 13 : 1351486330
Total Pages : 384 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Administrative State by : Dwight Waldo

Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Restructuring Administrative Justice Agencies

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Publisher :
ISBN 13 :
Total Pages : 47 pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Restructuring Administrative Justice Agencies by : British Columbia. Administrative Justice Project

Download or read book Restructuring Administrative Justice Agencies written by British Columbia. Administrative Justice Project and published by . This book was released on 2002 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reasoned Administration and Democratic Legitimacy

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Publisher : Cambridge University Press
ISBN 13 : 1108421008
Total Pages : 213 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reasoned Administration and Democratic Legitimacy by : Jerry L. Mashaw

Download or read book Reasoned Administration and Democratic Legitimacy written by Jerry L. Mashaw and published by Cambridge University Press. This book was released on 2018-09-27 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.

Federal Courts Standards of Review

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Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Federal Courts Standards of Review by : Harry T. Edwards

Download or read book Federal Courts Standards of Review written by Harry T. Edwards and published by West Academic Publishing. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Administrative Burden

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Publisher : Russell Sage Foundation
ISBN 13 : 1610448782
Total Pages : 360 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Administrative Burden by : Pamela Herd

Download or read book Administrative Burden written by Pamela Herd and published by Russell Sage Foundation. This book was released on 2019-01-09 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.

Administrative Review of Central Office Services

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (217 download)

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Book Synopsis Administrative Review of Central Office Services by : California. Department of General Services. Management Planning

Download or read book Administrative Review of Central Office Services written by California. Department of General Services. Management Planning and published by . This book was released on 1966 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Congressional Review of Agency Rules

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Publisher :
ISBN 13 :
Total Pages : 270 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Congressional Review of Agency Rules by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure

Download or read book Congressional Review of Agency Rules written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure and published by . This book was released on 1984 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Guide to Federal Agency Rulemaking

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Publisher : American Bar Association
ISBN 13 : 9781590317068
Total Pages : 736 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis A Guide to Federal Agency Rulemaking by : Jeffrey S. Lubbers

Download or read book A Guide to Federal Agency Rulemaking written by Jeffrey S. Lubbers and published by American Bar Association. This book was released on 2006 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.

Boards of Appeal of EU Agencies

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Publisher : Oxford University Press
ISBN 13 : 0192849298
Total Pages : 369 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Boards of Appeal of EU Agencies by : Merijn Chamon

Download or read book Boards of Appeal of EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2022 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.