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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: 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: 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: 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: 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: Dwight Waldo
Publisher: Routledge
ISBN: 1351486330
Category : Political Science
Languages : en
Pages : 384
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Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Author: American Bar Association. Section of Administrative Law and Regulatory Practice
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 116
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Book Description
The Blackletter Statement of Federal Administrative Law is published by the Administrative Law section of the American Bar Association.
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: Michael Asimow
Publisher: American Bar Association
ISBN: 9781590311288
Category : Law
Languages : en
Pages : 266
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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: Charles H. Koch
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages :
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Book Description
