The Dubious Morality Of Modern Administrative Law

Download The Dubious Morality Of Modern Administrative Law full books in PDF, epub, and Kindle. Read online The Dubious Morality Of Modern Administrative Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Dubious Morality of Modern Administrative Law

Author : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Publisher : Rowman & Littlefield
ISBN 13 : 1538141507
Total Pages : 237 pages
Book Rating : 4.5/5 (381 download)

DOWNLOAD NOW!

Book Synopsis The Dubious Morality of Modern Administrative Law by : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

The Dubious Morality of Modern Administrative Law

Author : L. A. U. RICHARD EPSTEIN
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 9781538141496
Total Pages : 240 pages
Book Rating : 4.1/5 (414 download)

DOWNLOAD NOW!

Book Synopsis The Dubious Morality of Modern Administrative Law by : L. A. U. RICHARD EPSTEIN

Download or read book The Dubious Morality of Modern Administrative Law written by L. A. U. RICHARD EPSTEIN and published by Rowman & Littlefield Publishers. This book was released on 2020-03-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate. In this book, Richard A. Epstein, one of America's most prominent legal scholars, provides a withering critique of the progressive administrative state and calls for a return law to its original design, meaning, and structure.

Law and Leviathan

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 067424981X
Total Pages : 208 pages
Book Rating : 4.6/5 (742 download)

DOWNLOAD NOW!

Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Design for Liberty

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674061845
Total Pages : 247 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis Design for Liberty by : Richard A. Epstein

Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

Forbidden Grounds

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

DOWNLOAD NOW!

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

The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.6/5 (747 download)

DOWNLOAD NOW!

Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

The Unelected

Author : James R. Copland
Publisher : Encounter Books
ISBN 13 : 1641771216
Total Pages : 268 pages
Book Rating : 4.6/5 (417 download)

DOWNLOAD NOW!

Book Synopsis The Unelected by : James R. Copland

Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

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)

DOWNLOAD NOW!

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.

Creating the Administrative Constitution

Author : Jerry L. Mashaw
Publisher : Yale University Press
ISBN 13 : 030018347X
Total Pages : 420 pages
Book Rating : 4.3/5 (1 download)

DOWNLOAD NOW!

Book Synopsis Creating the Administrative Constitution by : Jerry L. Mashaw

Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

The Morality of Law

Author : Lon Luvois Fuller
Publisher : Yale University Press
ISBN 13 : 0300004729
Total Pages : 272 pages
Book Rating : 4.3/5 ( download)

DOWNLOAD NOW!

Book Synopsis The Morality of Law by : Lon Luvois Fuller

Download or read book The Morality of Law written by Lon Luvois Fuller and published by Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

DOWNLOAD NOW!

Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Common Good Constitutionalism

Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)

DOWNLOAD NOW!

Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Principles for a Free Society

Author : Richard A. Epstein
Publisher : Basic Books (AZ)
ISBN 13 : 9780738208299
Total Pages : 360 pages
Book Rating : 4.2/5 (82 download)

DOWNLOAD NOW!

Book Synopsis Principles for a Free Society by : Richard A. Epstein

Download or read book Principles for a Free Society written by Richard A. Epstein and published by Basic Books (AZ). This book was released on 2002 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

An Introduction to the Principles of Morals and Legislation

Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.R/5 (3 download)

DOWNLOAD NOW!

Book Synopsis An Introduction to the Principles of Morals and Legislation by : Jeremy Bentham

Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1823 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's treatise on the foundations of law and government.

A Theory of Deference in Administrative Law

Author : Paul Daly
Publisher : Cambridge University Press
ISBN 13 : 1107025516
Total Pages : 323 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly

Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 9780674975460
Total Pages : 0 pages
Book Rating : 4.9/5 (754 download)

DOWNLOAD NOW!

Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein

Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2017-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic