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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: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
Get Book Here
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: United States. National Labor Relations Board. Division of Judges
Publisher: Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 148
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Book Description
Author: Journals Factory
Publisher:
ISBN: 9781708801885
Category :
Languages : en
Pages : 122
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Book Description
Simple and stylish notebook perfect for taking notes. Features: 120 blank lined white pages Duo sided wide ruled sheets Professionally designed matte cover 6" x 9" dimensions; portable and lightweight size Suitable for taking notes, writing, organizing, goal setting, doodling, drawing, lists, journaling and brainstorming Personalized notebooks and journals make a great functional gift for any occasion Please check our brand "Journals Factory"on Amazon for more stylish notebooks, journals, logbooks, guest books and much more. - (amazon.com/author/journalsfactory)
Author: United States. Dept. of Labor. Office of Administrative Law Judges
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 520
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Book Description
Author: Rocket Publishing
Publisher:
ISBN: 9781670514516
Category :
Languages : en
Pages : 108
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Book Description
6x9 notebook with 100 blank pages. This is the perfect and inexpensive birthday or appreciation gift for colleagues and coworkers to doodle, sketch, put stickers, write memories, organize schedules, or take notes in. Grab this amazing journal gift now!
Author: Administrative Conference of the United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 148
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Book Description
Author: Richard J. Pierce (Jr.)
Publisher: Aspen Publishers
ISBN:
Category : Administrative law
Languages : en
Pages : 596
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Book Description
Lawyers and judges across the United States have discovered that when it comes to administrative law, there is really only one authority: Administrative Law Treatise by Richard J. Pierce. Cited by the courts more than 4,000 times, this definitive work brings you analysis of the latest developments with all the practical guidance and knowledge you need to plan and present an effective case before the courts. When your clients confront government administrative action whether it's rulemaking, adjudication, or investigation, do what your colleagues do: turn to the undisputed leader in the field. Richard J. Pierce shows you the most effective approaches to any agency action, policy or procedure. You'll get answers to such questions as: Which due process protections do individuals and companies enjoy under administrative law? What are the limits of an agency's power to subpoena, inspect, and gain access to records? When must an agency provide an oral evidentiary hearing? How and when are agencies likely to use their rulemaking power to resolve factual disputes? Pierce also provides a unique, in-depth treatment of agency discretionary power, especially in relation to evidence in oral hearings and other essential matters of practice. There's no need to look elsewhere For The law that governs such areas as:SEC rulemaking, Medicare and Medicaid, Jurisdiction in telecommunications disputes, Warrantless inspection of premises, FOIA exemptions, Agency power to make retroactive rules, Immunity of agency employees, Regulation of toxic substances in the workplace, Allocation of gas and electric services, Criteria for evidence of disability, Control of regional transportation authorities, INS deportation, and more. Pierce provides incomparable authority and guidance on the administrative law governing these and virtually every other significant agency power or procedure. If you practice before government agencies, act as agency counsel, or are connected with appeals involving agencies, you'll find that courts listen to Richard J. Pierce.
Author: Merritt Ruhlen
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 272
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Book Description
Author: Jamelle C Sharpe
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1188
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
