The Administrative Threat

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The Administrative Threat

Author : Philip Hamburger
Publisher : Encounter Books
ISBN 13 : 159403950X
Total Pages : 50 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis The Administrative Threat by : Philip Hamburger

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.

Is Administrative Law Unlawful?

Author : Philip Hamburger
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.

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

The Fifth Risk: Undoing Democracy

Author : Michael Lewis
Publisher : W. W. Norton & Company
ISBN 13 : 1324002654
Total Pages : 137 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis The Fifth Risk: Undoing Democracy by : Michael Lewis

Download or read book The Fifth Risk: Undoing Democracy written by Michael Lewis and published by W. W. Norton & Company. This book was released on 2018-10-02 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times Bestseller, with a new afterword "[Michael Lewis’s] most ambitious and important book." —Joe Klein, New York Times Michael Lewis’s brilliant narrative of the Trump administration’s botched presidential transition takes us into the engine rooms of a government under attack by its leaders through willful ignorance and greed. The government manages a vast array of critical services that keep us safe and underpin our lives from ensuring the safety of our food and drugs and predicting extreme weather events to tracking and locating black market uranium before the terrorists do. The Fifth Risk masterfully and vividly unspools the consequences if the people given control over our government have no idea how it works.

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.

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.

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.

Law and Judicial Duty

Author : Philip HAMBURGER
Publisher : Harvard University Press
ISBN 13 : 0674038193
Total Pages : 705 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law and Judicial Duty by : Philip HAMBURGER

Download or read book Law and Judicial Duty written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Unmasking the Administrative State

Author : John Marini
Publisher :
ISBN 13 : 9781641770231
Total Pages : 352 pages
Book Rating : 4.7/5 (72 download)

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Book Synopsis Unmasking the Administrative State by : John Marini

Download or read book Unmasking the Administrative State written by John Marini and published by . This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may yet never subside. The biggest shockwaves of all however were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite's cherished and oft-overlooked center of power: Washington, D.C.'s sprawling 'administrative state.' For President Trump represented an existential threat to its denizens, which came to be known as 'swamp creatures.' How did it come to pass that the 'deconstruction' of this obscure institution - the 'draining of the swamp' - would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Could public aversion to policies and practices for which the administrative state was sometimes surreptitiously and other times overtly responsible explain President Trump's rise? What was the intellectual basis for the argument that the administrative state need be dismantled in the first place? The answers to these questions and many more lie in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his timely, comprehensive, accessible new book, Unmasking the Administrative State"--

Impact of School Shootings on Classroom Culture, Curriculum, and Learning

Author : Crews, Gordon A.
Publisher : IGI Global
ISBN 13 : 1799852016
Total Pages : 355 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Impact of School Shootings on Classroom Culture, Curriculum, and Learning by : Crews, Gordon A.

Download or read book Impact of School Shootings on Classroom Culture, Curriculum, and Learning written by Crews, Gordon A. and published by IGI Global. This book was released on 2021-09-24 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different areas of inquiry have addressed the tragedy of school shootings and their deeply disruptive impacts upon school culture, classrooms, and student learning in this contemporary moment. Therefore, it is important to bring together interdisciplinary research on the long-term impacts of these events on students, teachers, and communities. In an age where arming classroom teachers is a serious policy initiative, there is a question of how a culture of fear manifests itself in those involved in school systems. There is a need to study these effects and implications in a time where violence and school shootings appear to have become more common than ever before. Hence, there is a need for diverse perspectives in this area of complex and urgent inquiry. Impact of School Shootings on Classroom Culture, Curriculum, and Learning explores the manifestations of the threat of school shootings and the aftermath of such tragic events through an interdisciplinary approach including but not limited to inquiries from educational psychology, sociology, educational philosophy, school leadership, and school culture with a view towards understanding the enduring and obscured effects of school shootings beyond the prevailing emphasis on facility safety and security. While chapters highlight topics such as resilience and recovery, school culture, sociology of schools, leadership and school regulation, and many more areas of interest, this book is ideal for educational leaders and administrators, classroom teachers, counselors, therapists, psychologists, school division trustees, law enforcement, policymakers, researchers, academicians, and students looking for the impacts and aftermath of school shootings on all aspects of education.

Threat

Author : Abeer Baker
Publisher : Pluto Press
ISBN 13 : 9780745330211
Total Pages : 0 pages
Book Rating : 4.3/5 (32 download)

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Book Synopsis Threat by : Abeer Baker

Download or read book Threat written by Abeer Baker and published by Pluto Press. This book was released on 2011-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Palestinian prisoners charged with security-related offences are immediately taken as a threat to Israel's security. They are seen as potential, if not actual, suicide bombers. This stereotype ignores the political nature of the Palestinian prisoners' actions and their desire for liberty. By highlighting the various images of Palestinian prisoners in the Israel-Palestine conflict, Abeer Baker and Anat Matar chart their changing fortunes. Essays written by prisoners, ex-prisoners, Human rights defenders, lawyers and academic researchers analyze the political nature of imprisonment and Israeli attitudes towards Palestinian prisoners. These contributions deal with the prisoners' status within Palestinian society, the conditions of their imprisonment and various legal procedures used by the Israeli military courts in order to criminalize and de-politicize them. Also addressed are Israel's breaches of international treaties in its treatment of the Palestinian prisoners, practices of torture and solitary confinement, exchange deals and prospects for release. This is a unique intervention within Middle East studies that will inspire those working in human rights, international law and the peace process.

Separation of Church and State

Author : Philip HAMBURGER
Publisher : Harvard University Press
ISBN 13 : 0674038185
Total Pages : 529 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Separation of Church and State by : Philip HAMBURGER

Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.

Regime Threats and State Solutions

Author : Mai Hassan
Publisher : Cambridge University Press
ISBN 13 : 1108490859
Total Pages : 311 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Regime Threats and State Solutions by : Mai Hassan

Download or read book Regime Threats and State Solutions written by Mai Hassan and published by Cambridge University Press. This book was released on 2020-04-02 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delving inside the state, Hassan shows how leaders politicize bureaucrats to maintain power, even after the introduction of multi-party elections.

Reasoned Administration and Democratic Legitimacy

Author : Jerry L. Mashaw
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.

International Handbook of Threat Assessment

Author : J. Reid Meloy
Publisher : Oxford University Press
ISBN 13 : 0190940166
Total Pages : 761 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis International Handbook of Threat Assessment by : J. Reid Meloy

Download or read book International Handbook of Threat Assessment written by J. Reid Meloy and published by Oxford University Press. This book was released on 2021 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of International handbook of threat assessment, [2014]

The Rise and Decline of Faculty Governance

Author : Larry G. Gerber
Publisher : JHU Press
ISBN 13 : 1421414643
Total Pages : 407 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis The Rise and Decline of Faculty Governance by : Larry G. Gerber

Download or read book The Rise and Decline of Faculty Governance written by Larry G. Gerber and published by JHU Press. This book was released on 2014-09-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: There was a time when the faculty governed universities. Not anymore. The Rise and Decline of Faculty Governance is the first history of shared governance in American higher education. Drawing on archival materials and extensive published sources, Larry G. Gerber shows how the professionalization of college teachers coincided with the rise of the modern university in the late nineteenth century and was the principal justification for granting teachers power in making educational decisions. In the twentieth century, the efforts of these governing faculties were directly responsible for molding American higher education into the finest academic system in the world. In recent decades, however, the growing complexity of “multiversities” and the application of business strategies to manage these institutions threatened the concept of faculty governance. Faculty shifted from being autonomous professionals to being “employees.” The casualization of the academic labor market, Gerber argues, threatens to erode the quality of universities. As more faculty become contingent employees, rather than tenured career professionals enjoying both job security and intellectual autonomy, universities become factories in the knowledge economy. In addition to tracing the evolution of faculty decision making, this historical narrative provides readers with an important perspective on contemporary debates about the best way to manage America’s colleges and universities. Gerber also reflects on whether American colleges and universities will be able to retain their position of global preeminence in an increasingly market-driven environment, given that the system of governance that helped make their success possible has been fundamentally altered.

Law as a Means to an End

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1139459228
Total Pages : 238 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law as a Means to an End by : Brian Z. Tamanaha

Download or read book Law as a Means to an End written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2006-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.