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Author: Gary Lawson
Publisher: West Academic Publishing
ISBN:
Category :
Languages : en
Pages : 0
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Author: Gary Lawson
Publisher: West Academic Publishing
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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Author: Gary Lawson
Publisher: West Academic Publishing
ISBN: 9781642428612
Category : Administrative law
Languages : en
Pages : 1314
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Book Description
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. The book maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Eighth Edition contains six new principal cases and numerous new notes on topics ranging from executive orders to the appointments clause to the definition of the record in informal proceedings. The book prominently continues, from the prior edition, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Author: Gary Lawson
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1080
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Book Description
This book provides an in-depth treatment of the basic principles that govern federal administrative action. The Third Edition retains the prior editions' strong doctrinal orientation, straightforward organization and presentation, historical depth, and emphasis on the detailed connections among the various doctrines that govern the federal administrative state. The organization has been revised to enhance the sense of connection among doctrinal categories: materials on scope of review now immediately follow materials on statutory and regulatory procedures in order to highlight the close relationship between procedural and substantive law. The materials have been updated and sharpened, but the well-received structure and focus of the book have not been substantially altered.
Author: GARY. LAWSON
Publisher: West Academic Publishing
ISBN: 9781647086398
Category :
Languages : en
Pages : 1348
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Author: Gary Lawson
Publisher: West Group Publishing
ISBN:
Category : Law
Languages : en
Pages : 1038
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Book Description
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: 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: Christopher Enright
Publisher: Federation Press
ISBN: 9781862873704
Category : Law
Languages : en
Pages : 772
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Book Description
Federal administrative law is a vast expanse of statutory provisions and case law. This text aims to map these provisions, setting out the case and statute law in a structured and amenable way. Federal Administrative Law commences with discussion of the composition, powers and decision-making processes of the executive government. Then it covers the major remedies available for those who are dissatisfied by a decision of the executive government - reasons for decision, access to information under FOI legislation, judicial review, appeal to the Administrative Appeals Tribunal, review by the Ombudsman, remaking a decision, collateral review and special review. Enright also engages with the perennial conceptual problems of administrative law. Difficulties with separating legislative, executive and judicial power, and in distinguishing between law and fact, are considered insoluble, Enright argues, only because they have not been approached in the right way. Enright argues for going back to basics, emphasising the necessity of asking the right question in the first place. In a similar vein, Enright investigates problems with legitimate expectation in the law of natural justice and argues that difficulties with standing can be treated better by taking a more analytical approach to the interests involved. Federal Administrative Law will serve as a basic text and reference book for those who work in Commonwealth administrative law. It is written in a clear and easy to read style that will make it suitable as a textbook in undergraduate courses.
Author:
Publisher:
ISBN:
Category : Delegated legislation
Languages : en
Pages : 426
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Book Description
Author: William F. Funk
Publisher: American Bar Association
ISBN: 9781570738487
Category : Administrative procedure
Languages : en
Pages : 1036
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Book Description
