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Author: Jerry L. Mashaw
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 102
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Book Description
Author: Jerry L. Mashaw
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 102
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Book Description
Author: Kenneth Warren
Publisher: Routledge
ISBN: 0429757328
Category : Political Science
Languages : en
Pages : 545
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Book Description
Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.
Author: Phillip J. Cooper
Publisher: Cengage Learning
ISBN:
Category : Education
Languages : en
Pages : 792
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Book Description
Prepare for your career in government service with PUBLIC LAW AND PUBLIC ADMINISTRATION! With the increasingly significant role of contracting out in public administration, this book is a must read for anyone who plans to enter the field of government service or public administration. Based on the premise that there is a complex, ongoing interaction between law and administration in the United States, this readable political science text proposes that administrative law problems are not only legal but also administrative and political.
Author: David H Rosenbloom
Publisher: Routledge
ISBN: 0429973861
Category : Political Science
Languages : en
Pages : 209
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Book Description
This book focuses on the essentials that public managers should know about administrative law—why we have administrative law, the constitutional constraints on public administration, and administrative law’s frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.
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: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 030018347X
Category : Law
Languages : en
Pages : 420
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Book Description
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."
Author: Daniel Gifford
Publisher:
ISBN: 9781422476888
Category :
Languages : en
Pages : 724
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Book Description
With this new edition, Administrative Law: Cases and Materials continues to present the complex substance of administrative law in a format that is both intellectually satisfying and easily understandable. Prior to publication the book was used at the University of Minnesota where the students found administrative law to be both an exciting and rewarding endeavor. In addition to carefully examining current law, students will become familiar with the relevant historical perspectives so necessary to appreciate the dynamics of today's law. They will become familiar with the so-called progressive movement and its regulatory offspring, the independent agency, with the New Deal regulatory agenda, with the post-World War II consensus embodying the Administrative Procedure Act, with the problem of capture, with aggressive modes of judicial review in response, with the problem ossification of rule-making, and with an array of judicial reinterpretations of settled precedents. This focus on doctrinal coherence and historical background provides a rich intellectual experience. This new Second Edition also: Includes new cases through 2010 Term of the Supreme Court, including Free Enterprise Fund v. Public Company Accounting Oversight Board, the latest separation-of-powers decision by the U.S. Supreme Court, and last year's FCC v. Fox Telev. Stations, Inc. gloss on hard-look judicial review; Focuses upon the relationships among various administrative law doctrines, such as the relation between the substantial-evidence and arbitrary-and-capricious review standards and the relations between those review standards and the Chevron/Skidmore deference standards; and Examines split-enforcement agencies such as OSHA establishes as well as analogous structures in the benefit agencies in addition to omnipresent unitary regulatory agency. This book also is available in an alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author: Blake Emerson
Publisher: Oxford University Press
ISBN: 0190682884
Category : Law
Languages : en
Pages : 289
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Book Description
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
ISBN: 9781680923025
Category :
Languages : en
Pages : 180
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Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Nicholas R. Parrillo
Publisher: Cambridge University Press
ISBN: 1107159512
Category : Law
Languages : en
Pages : 559
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Book Description
This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.
