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Author : Jerry L. Mashaw
Publisher :
ISBN 13 : 9780300032581
Total Pages : 279 pages
Book Rating : 4.0/5 (325 download)
Download or read book Due Process in the Administrative State written by Jerry L. Mashaw and published by . This book was released on 1985-01-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philip Hamburger
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)
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.
Author : Philip Hamburger
Publisher : Encounter Books
ISBN 13 : 159403950X
Total Pages : 50 pages
Book Rating : 4.5/5 (94 download)
Download or read book The Administrative Threat written by Philip Hamburger and published by Encounter Books. This book was released on 2017-05-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Author : Dwight Waldo
Publisher : Routledge
ISBN 13 : 1351486330
Total Pages : 384 pages
Book Rating : 4.3/5 (514 download)
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.
Author : Daniel R. Ernst
Publisher :
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)
Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Author : Cass R. Sunstein
Publisher : Belknap Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Belknap Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof 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? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Author : Jerry L. Mashaw
Publisher : Yale University Press
ISBN 13 : 9780300034035
Total Pages : 260 pages
Book Rating : 4.0/5 (34 download)
Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 0674258231
Total Pages : 337 pages
Book Rating : 4.6/5 (742 download)
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author : Nicholas R. Parrillo
Publisher : Cambridge University Press
ISBN 13 : 1107159512
Total Pages : 559 pages
Book Rating : 4.1/5 (71 download)
Download or read book Administrative Law from the Inside Out written by Nicholas R. Parrillo and published by Cambridge University Press. This book was released on 2017-03-23 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.
Author : Edward Mandell House
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.A/5 ( download)
Download or read book Philip Dru: Administrator written by Edward Mandell House and published by . This book was released on 1912 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author : Jeffrey S. Lubbers
Publisher : American Bar Association
ISBN 13 : 9781590317068
Total Pages : 736 pages
Book Rating : 4.3/5 (17 download)
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.
Author : James O. Freedman
Publisher : Cambridge University Press
ISBN 13 : 9780521293808
Total Pages : 340 pages
Book Rating : 4.2/5 (938 download)
Download or read book Crisis and Legitimacy written by James O. Freedman and published by Cambridge University Press. This book was released on 1980-05-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.
Author : Louis Leventhal Jaffe
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Control of Administrative Action written by Louis Leventhal Jaffe and published by . This book was released on 1965 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.
Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author : Oneyebuchi T. Uwakah
Publisher : University Press of America
ISBN 13 : 9780761807643
Total Pages : 260 pages
Book Rating : 4.8/5 (76 download)
Download or read book Due Process in Nigeria's Administrative Law System written by Oneyebuchi T. Uwakah and published by University Press of America. This book was released on 1997 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.
Author : Richard M. Valelly
Publisher : Oxford University Press
ISBN 13 : 0191086983
Total Pages : 898 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
