Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
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Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: Lee Modjeska
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 476
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Book Description
Author: Linda Jellum
Publisher: West Academic Publishing
ISBN: 9781640206953
Category :
Languages : en
Pages : 200
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Book Description
Author: Frank J. Goodnow
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 530
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Book Description
Author: Michael Asimow
Publisher: West Academic Publishing
ISBN: 9780314263445
Category : Administrative law
Languages : en
Pages : 0
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Book Description
It is essential to cover California administrative law in an administrative law course in California. First, the clients of California lawyers are much more likely to have disputes with California state and local agencies than with federal agencies. Second, California administrative law is very different from federal law. In virtually every instance, these differences lie in the direction of protecting private business and individual interests rather than favoring the agencies. California Administrative Law is designed as a supplement to be used in the basic administrative law course. It could also be used as the text for an advanced course or seminar in California administrative law.
Author: Daniel L. Feldman
Publisher: CQ Press
ISBN: 1506308562
Category : Political Science
Languages : en
Pages : 338
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Book Description
Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.
Author: Michael Asimow
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 896
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Book Description
State and Federal Administrative Law, Second Edition, contains thorough, up-to-date coverage of administrative law issues in both federal and state contexts. Although the book can be used for a course that focuses primarily on federal law, its dual coverage allows an instructor to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method.
Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1530
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Book Description
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.
Author: Sir William Wade
Publisher: Oxford University Press, USA
ISBN: 9780199270217
Category : Law
Languages : en
Pages : 1035
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Book Description
Written for undergraduate students and practitioners of law, the eighth edition of Administrative Law has been substantially amended and revised to reflect the present state of English law.
Author: Peter L. Strauss
Publisher:
ISBN: 9781587789595
Category : Law
Languages : en
Pages : 486
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Book Description
Essay after essay in this fascinating book explores the statutory and historical setting of the cases discussed, rather than mere doctrine, examining in detail lawyers' judgments and tactics. Many use recently revealed papers of Supreme Court Justices to discuss often surprising elements of the decision by the Court. Students can learn a good deal about the handling of these disputes at the administrative level, before they ever get to court -- a perspective essential to understanding the field, but hard to pick up from the reported cases. Attention is paid to the ways in which many of these decisions affected future developments, with primary focus on context and on understanding the ways in which administrative disputes develop, and the roles that lawyers play in developing them.
