Making Policy, Making Law

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Publisher : Georgetown University Press
ISBN 13 : 1589013646
Total Pages : 257 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Making Policy, Making Law by : Mark C. Miller

Download or read book Making Policy, Making Law written by Mark C. Miller and published by Georgetown University Press. This book was released on 2004-08-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

Policy-making in Administrative Tribunals

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (622 download)

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Book Synopsis Policy-making in Administrative Tribunals by : Lorne Mitchell Sossin

Download or read book Policy-making in Administrative Tribunals written by Lorne Mitchell Sossin and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Policy-making by Administrative Tribunals

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (132 download)

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Book Synopsis Policy-making by Administrative Tribunals by : John George Chipman

Download or read book Policy-making by Administrative Tribunals written by John George Chipman and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federal Rules of Court

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Publisher :
ISBN 13 : 9781663319005
Total Pages : pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Federal Rules of Court by :

Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Administrative Tribunal as a Policy-Making Body

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Author :
Publisher : Open Dissertation Press
ISBN 13 : 9781374723948
Total Pages : pages
Book Rating : 4.7/5 (239 download)

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Book Synopsis The Administrative Tribunal as a Policy-Making Body by : Fellow of King's College and Professor of Political Theory John Dunn

Download or read book The Administrative Tribunal as a Policy-Making Body written by Fellow of King's College and Professor of Political Theory John Dunn and published by Open Dissertation Press. This book was released on 2017-01-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "The Administrative Tribunal as a Policy-making Body: a Study of the Hong Kong Liquor Licensing Boards" by John, Dunn, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Introduction This work looks at administrative tribunals in their role as policy-making bodies, and attempts to examine how the Liquor Licensing Boards of Hong Kong make and implement both their own, and wider Government policy. Broadly speaking, policy can be divided into internal policy which governs the day-to-day operations of a tribunal; and strategic or long-term policy which is concerned not with the nuts and bolts of individual decisions, but which defines the long range objectives of the tribunal and its supporting or parent body. Chapter One is an examination of the system of tribunals in the United Kingdom, and looks at their functions, and membership, and attempts to classify them. It also examines the degree of supervision, both administrative and judicial, under which they work, and looks at recent moves to reform them, notably the Franks Report. Finally it examines the policy-making role of tribunals in the United Kingdom, and their role in the evolvement and implementation of government policies. Chapter Two is an examination of administrative tribunals in Hong Kong, and compares them with their counterparts in the United Kingdom. The apparent lack of either administrative or judicial supervision over such tribunals is commented on, as is the lack of any attempt to introduce the reforms recommended in the Franks Report. Chapter Three takes an in-depth look at the two Liquor Licensing Boards of Hong Kong in terms of procedures, and membership, and their operations in general.11 Further comment is made on the lack of supervision exercised over the Boards and the paucity of appeal procedures, and their policy-making role, in respect of both internal and strategic policies, is discussed. Chapters Four to Seven are studies of liquor licensing cases which have been heard before the two Boards. Since over ninety per cent of all liquor licence applications are unopposed and do not come to a hearing, they cannot claim to be typical examples, but taken together they do highlight specific problems involving liquor licensing which face both the Boards and other Government agencies, and which are of concern to the public. These cases also illustrate, in a practical way, a number of deficiencies in the procedures of the Boards, and some inconsistencies in their decision-making. Chapter Eight looks at the Hong Kong Liquor Licensing Boards from three different viewpoints and considers the legality of their procedures; the purposes for which they were created; and then makes an assessment of how well they actually operate, and how close they come to achieving their objectives. It closes 'with a last look at the policy-making processes of the Boards, and their position, or lack of it, in the Government's overall strategic policy-making. This dissertation has been written by, and is solely the work of, the undersigned., John Dunn DOI: 10.5353/th_b3025735 Subjects: Administrative courts - China - Hong Kong Administrative courts License system

Bureaucracy on Trial

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Publisher : Indianapolis : Bobbs-Merrill
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Bureaucracy on Trial by : William W. Boyer

Download or read book Bureaucracy on Trial written by William W. Boyer and published by Indianapolis : Bobbs-Merrill. This book was released on 1964 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Law

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Publisher : Yale University Press
ISBN 13 : 9780300052534
Total Pages : 288 pages
Book Rating : 4.0/5 (525 download)

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Book Synopsis Administrative Law by : Christopher F. Edley

Download or read book Administrative Law written by Christopher F. Edley and published by Yale University Press. This book was released on 1992-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.

The Administrative State

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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.

Good Governance and Modern International Financial Institutions

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Publisher : BRILL
ISBN 13 : 9004408320
Total Pages : 278 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Good Governance and Modern International Financial Institutions by :

Download or read book Good Governance and Modern International Financial Institutions written by and published by BRILL. This book was released on 2019-07-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders. This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference. The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.

Administrative Tribunals and Adjudication

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847315178
Total Pages : 312 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Administrative Tribunals and Adjudication by : Peter Cane

Download or read book Administrative Tribunals and Adjudication written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.

The Nature of Inquisitorial Processes in Administrative Regimes

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Publisher : Routledge
ISBN 13 : 1317023315
Total Pages : 416 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Nature of Inquisitorial Processes in Administrative Regimes by : Laverne Jacobs

Download or read book The Nature of Inquisitorial Processes in Administrative Regimes written by Laverne Jacobs and published by Routledge. This book was released on 2016-03-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: ’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Administrative Law

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Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1373 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Administrative Law by : Jamelle C. Sharpe

Download or read book Administrative Law written by Jamelle C. Sharpe and published by Aspen Publishing. This book was released on 2024-02-28 with total page 1373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through thoughtful organization, careful material selection, and hundreds of practice questions, Administrative Law: A Lifecycle Approach, by Dean Jamelle C. Sharpe, trains students to thoroughly understand the law and theory underpinning the modern administrative state. At its core, administrative law is a process-driven course. Nevertheless, traditional casebooks are organized around legal concepts and doctrines rather than the basic stages of administrative decision-making. This casebook improves on the traditional model by following the major steps in the administrative process, thereby providing students with ample grounding in the law and practice governing it. In addition to featuring seminal administrative law decisions, Administrative Law: A Lifecycle Approach incorporates a variety of agency-oriented materials—government reports, charts, diagrams, orders—that give students a fuller sense of how the administrative state’s organization and operations. These carefully edited materials model how skilled jurists and administrative lawyers go about their work, how legal problems with that work arise, and how administrative, judicial, and political processes have developed to address them. Critically, this casebook also provides numerous opportunities for guided review, synthesis, analysis, and application of salient legal concepts to facilitate student learning. Dozens of questions, as many or more than any other casebook on the market, place students in the position of lawyers tasked with navigating the administrative landscape. New to the Second Edition: Updated cases. Updated developments in regulatory policy and practices. Professors and students will benefit from: In comparison with casebooks that focus almost exclusively on appellate decisions from Article III courts, this book emphasizes the lifecycle of the administrative decision-making process to place the legal doctrines typically covered by the administrative law course in a clearer practical context. Examples of agency work product and descriptions of agency organization and operations are strategically placed throughout the book. The book also provides explanatory introductions to most topics and describes basic and recurring fact patterns that lawyers encounter when dealing with the issues of administrative law and policy. Most administrative law casebooks are comprised almost entirely of the most unusual or factually complex cases. While there is certainly value in asking students to wrestle with such cases, Administrative Law: A Lifecycle Approach substitutes them for more readily accessible materials of equal or greater instructional value. Where the inclusion of complex cases is unavoidable—as is the case with several seminal decisions— this casebook provides introductory explanations to give students much needed guidance on their meaning and key concepts. Additionally, Administrative Law: A Lifecycle Approach includes other agency-oriented materials—reports, charts, diagrams, opinions—to give students a fuller, unmediated sense of administrative work product. Administrative Law: A Lifecycle Approach also takes a different approach to questions. The questions in traditional casebooks typically focus on issues that are tangential to the materials they follow, or pinpoint conceptual knots that academics spend their careers attempting to unravel. Inspired by Bloom’s Taxonomy, the questions in Administrative Law: A Lifecycle Approach focus instead on testing, reinforcing, and extending students’ understanding of the administrative law and concepts featured throughout the book. It accordingly provides numerous problems that prompt students to apply what they have learned and to produce the types of analysis expected of skilled administrative lawyers.

Inside China's Legal System

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Publisher : Chandos Publishing
ISBN 13 : 0857094610
Total Pages : 391 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis Inside China's Legal System by : Chang Wang

Download or read book Inside China's Legal System written by Chang Wang and published by Chandos Publishing. This book was released on 2013-10-31 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China’s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party’s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China’s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process. Uses extensive legal materials and historical documents generally unavailable to Western based academics Gives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in China Analyses legal issues from historical and cultural perspectives holistically

Policy-making by Administrative Tribunals [microform] : a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies

Download Policy-making by Administrative Tribunals [microform] : a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies PDF Online Free

Author :
Publisher : National Library of Canada = Bibliothèque nationale du Canada
ISBN 13 : 9780612410831
Total Pages : pages
Book Rating : 4.4/5 (18 download)

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Book Synopsis Policy-making by Administrative Tribunals [microform] : a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies by : John George Chipman

Download or read book Policy-making by Administrative Tribunals [microform] : a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies written by John George Chipman and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Law

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Publisher : Aspen Publishing
ISBN 13 : 1543825893
Total Pages : 1090 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Administrative Law by : John M. Rogers

Download or read book Administrative Law written by John M. Rogers and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt: For instructors who prefer a case-oriented approach, the Fifth Edition of Administrative Law is a case-rich text that focuses on the core issues in administrative law. Lightly-edited cases preserve the feel of reading entire opinions and include facts, content, full analyses, and citations. Keystone cases introduce important themes and topics. Introductory material and questions following the cases focus students’ reading and stimulate class discussion, while helpful notes facilitate keen understanding of legal doctrines, introduce students to academic responses to judicial decisions and agency practices, and identify recent developments in doctrine and academic study. “Theory Applied” sections at the conclusion of major parts offer teachers an opportunity to evaluate students’ grasp of the materials in new factual and legal contexts. This flexible, easily teachable text is designed for a 3-unit course, and its self-contained parts can be taught in any order. New to the Fifth Edition: Addition of important, recent U.S. Supreme Court and Circuit Court decisions throughout Extended discussion of “informal” agency adjudication Updated discussion of the nondelegation doctrine and its possible future Recent developments in judicial review, including with Kisor and Chevron deference and standing Professors and students will benefit from: Notes and discussion materials addressing contemporary issues in Administrative Law, including: due process in the administrative setting formalities of administrative rulemaking and adjudication benefits and costs of agency adjudication and rulemaking modification of agency interpretations and interpretive rulemaking delegation of authority to agencies and private entities political influence on agency policy justiciability and judicial deference Lightly-edited cases, similar to reading entire opinions, including facts, content, full analyses, and citations Flexible, teachable text, designed for a 3-unit course with modular sections that allow for easy reshuffling of materials Helpful Notes crafted to enrich students’ understanding of legal doctrines, introduce important themes and topics, and identify possible future developments to theory and doctrine. “Theory Applied” problems and capstone cases that allow systemic review and integration of major concepts Up-to-Date content that includes coverage of important new developments in administrative practice, including recent Executive Orders that attempt to further centralize control of policy-making in the White House. Coverage of contemporary separation of powers problems and controversies affecting the administrative state, including comprehensive treatment of the Vacancies Reform Act.

Policy-making by Administrative Tribunals, a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (654 download)

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Book Synopsis Policy-making by Administrative Tribunals, a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies by :

Download or read book Policy-making by Administrative Tribunals, a Study of the Manner in which the Ontario Municipal Board Has Applied Provincial Land Use Planning Policies and Has Developed and Applied Its Own Planning Policies written by and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: