Harvard Studies In Administrative Law

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Law and Leviathan

Author : Cass R. Sunstein
Publisher : Belknap 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 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

Law’s Abnegation

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

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.

The Intellectual Sword

Author : Bruce A. Kimball
Publisher : Belknap Press
ISBN 13 : 0674737326
Total Pages : 881 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Intellectual Sword by : Bruce A. Kimball

Download or read book The Intellectual Sword written by Bruce A. Kimball and published by Belknap Press. This book was released on 2020-05-26 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. In this magisterial study, Bruce Kimball and Daniel Coquillette chronicle the school’s near collapse and dramatic resurgence across the twentieth century. The school’s struggles resulted in part from a debilitating cycle of tuition dependence, which deepened through the 1940s, as well as the suicides of two deans and the dalliance of another with the Nazi regime. HLS stubbornly resisted the admission of women, Jews, and African Americans, and fell behind the trend toward legal realism. But in the postwar years, under Dean Erwin Griswold, the school’s resurgence began, and Harvard Law would produce such major political and legal figures as Chief Justice John Roberts, Justice Elena Kagan, and President Barack Obama. Even so, the school faced severe crises arising from the civil rights movement, the Vietnam War, Critical Legal Studies, and its failure to enroll and retain people of color and women, including Justice Ruth Bader Ginsburg. Based on hitherto unavailable sources—including oral histories, personal letters, diaries, and financial records—The Intellectual Sword paints a compelling portrait of the law school widely considered the most influential in the world.

Judging Under Uncertainty

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 9780674022102
Total Pages : 356 pages
Book Rating : 4.0/5 (221 download)

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Book Synopsis Judging Under Uncertainty by : Adrian Vermeule

Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Regulation and Its Reform

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 9780674753761
Total Pages : 490 pages
Book Rating : 4.7/5 (537 download)

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Book Synopsis Regulation and Its Reform by : Stephen Breyer

Download or read book Regulation and Its Reform written by Stephen Breyer and published by Harvard University Press. This book was released on 1982 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject.

Purchasing Submission

Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 0674258231
Total Pages : 337 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Purchasing Submission by : Philip Hamburger

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.

Attorney General's Manual on the Administrative Procedure Act

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Attorney General's Manual on the Administrative Procedure Act by : United States. Department of Justice

Download or read book Attorney General's Manual on the Administrative Procedure Act written by United States. Department of Justice and published by . This book was released on 1947 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Rulemaking

Author : James T. O'Reilly
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Administrative Rulemaking by : James T. O'Reilly

Download or read book Administrative Rulemaking written by James T. O'Reilly and published by . This book was released on 2009 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Administrative State

Author : Dwight Waldo
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.

The Parliamentary Powers of English Government Departments

Author : John Willis
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584772719
Total Pages : 220 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Parliamentary Powers of English Government Departments by : John Willis

Download or read book The Parliamentary Powers of English Government Departments written by John Willis and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thorough study of issues relating to legislation enacted by persons or bodies to whom Parliament has delegated specific powers.

Government by Contract

Author : Jody Freeman
Publisher : Harvard University Press
ISBN 13 : 9780674032088
Total Pages : 550 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Government by Contract by : Jody Freeman

Download or read book Government by Contract written by Jody Freeman and published by Harvard University Press. This book was released on 2009-02-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Constitutional Coup

Author : Jon D. Michaels
Publisher : Harvard University Press
ISBN 13 : 0674737733
Total Pages : 321 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Constitutional Coup by : Jon D. Michaels

Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

The Authority of the Court and the Peril of Politics

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Administrative Justice and the Supremacy of Law in the United States

Author : John Dickinson
Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Administrative Justice and the Supremacy of Law in the United States by : John Dickinson

Download or read book Administrative Justice and the Supremacy of Law in the United States written by John Dickinson and published by . This book was released on 1927 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Forbidden Grounds

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 9780674308091
Total Pages : 980 pages
Book Rating : 4.3/5 (8 download)

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Book Synopsis Forbidden Grounds by : Richard A. Epstein

Download or read book Forbidden Grounds written by Richard A. Epstein and published by Harvard University Press. This book was released on 1992 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

A Guide to Federal Agency Rulemaking

Author : Jeffrey S. Lubbers
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.

Gellhorn and Byse's Administrative Law

Author : Peter L. Strauss
Publisher :
ISBN 13 :
Total Pages : 1530 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Gellhorn and Byse's Administrative Law by : Peter L. Strauss

Download or read book Gellhorn and Byse's Administrative Law written by Peter L. Strauss and published by . This book was released on 2003 with total page 1530 pages. Available in PDF, EPUB and Kindle. Book excerpt: After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.