Author: Ilan Wurman
Publisher: Foundation Press
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Administrative Law Theory and Fundamentals: An Integrated Approach takes a formalist approach to administrative law while defending more of the administrative state than other formalist accounts. It articulates a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice. It argues that there are "exclusive" functions that only Congress, the President, and the courts can respectively exercise, but also "nonexclusive" functions that can be exercised by multiple branches exercising their respective powers. This theory of exclusive and nonexclusive powers and functions allows students and scholars of administrative law to make more sense of--or better critiques of--administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly.The casebook also innovates by more extensively discussing (and including in appendices) the 1852 steamboat legislation and the 1887 Interstate Commerce Act; deploying lessons of statutory interpretation as they arise in specific cases; interspersing online assessment questions for each chapter; and by including dedicated "debating" sections that excerpt from the secondary literature on the theory, values, and policy merits of contested doctrines such as deference, unitary executive power, the due process revolution, universal injunctions, and the new major questions doctrine. Finally, the book makes numerous organizational improvements, including by placing due process materials after Article III materials and restructuring materials on reviewability.The second edition is updated to include several of the Supreme Court's new "major questions" cases--including a section on "debating the major questions doctrine," which excerpts from the latest secondary literature--new cases on appointment and removal of executive officers, and a more extensive discussion of the jury trial right in light of the Fifth Circuit's recent holding in Jarkesy v. SEC that SEC enforcement actions seeking monetary penalties require a jury, and therefore an Article III court. (The Supreme Court heard oral argument in the case as this edition went to press.) These important new separation of powers cases validate this casebook's formalist approach, which is the method of a majority of the Supreme Court, and its balanced look at history, constitutional structure, and the place of agencies in both.
Author: ILAN. WURMAN
Publisher: Foundation Press
ISBN: 9781647084264
Category :
Languages : en
Pages : 1261
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Book Description
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
Author: Neil Hawke
Publisher: Routledge
ISBN: 1135351775
Category : Law
Languages : en
Pages : 344
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Book Description
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
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: Cass R. Sunstein
Publisher: Belknap Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
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Book Description
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
Author: Matthew Groves
Publisher: Cambridge University Press
ISBN: 1107692199
Category : Law
Languages : en
Pages : 481
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Book Description
Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
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Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: Elizabeth Giussani
Publisher:
ISBN: 9781847032195
Category : Administrative law
Languages : en
Pages : 481
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Book Description
Elizabeth Giussani provides a clear and accessible examination of the key areas of constitutional and administrative law and human rights, essential for those studying law at degree or graduate diploma level.
Author: Vesting, Thomas
Publisher: Edward Elgar Publishing
ISBN: 178897932X
Category : Law
Languages : en
Pages : 256
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Book Description
There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state.
Author: Margit Cohn
Publisher: Oxford University Press, USA
ISBN: 0198821980
Category : Law
Languages : en
Pages : 353
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Book Description
This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.
