Is Administrative Law Unlawful?

Is Administrative Law Unlawful?
Author: Philip Hamburger
Publisher: University of Chicago Press
Total Pages: 646
Release: 2014-05-27
Genre: Law
ISBN: 022611645X

“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.

Sequoyah

Sequoyah
Author: James Rumford
Publisher: Houghton Mifflin Harcourt
Total Pages: 37
Release: 2004-11-01
Genre: Juvenile Nonfiction
ISBN: 0547528728

The story of Sequoyah is the tale of an ordinary man with an extraordinary idea—to create a writing system for the Cherokee Indians and turn his people into a nation of readers and writers. The task he set for himself was daunting. Sequoyah knew no English and had no idea how to capture speech on paper. But slowly and painstakingly, ignoring the hoots and jibes of his neighbors and friends, he worked out a system that surprised the Cherokee Nation—and the world of the 1820s—with its beauty and simplicity. James Rumford’s Sequoyah is a poem to celebrate literacy, a song of a people’s struggle to stand tall and proud.

Sequoyah Rising

Sequoyah Rising
Author: Steve Russell
Publisher:
Total Pages: 0
Release: 2010
Genre: Cherokee Indians
ISBN: 9781594607165

Since 1789, the United States has had an "Indian problem." Since 1492, the Indians have had a colonial problem. It''s the same problem. The two sides of the problem typically relate to each other from their respective defensive crouches, and particularly the Indian side has been too fearful, in this atmosphere, to engage in constructive self-criticism. We demand self-determination while knowing in our private interactions that our tribal governments are not handling the degree of self-determination we have now in a way that satisfies most of the governed. Sequoyah Rising is the first book to address the democracy deficit in tribal governments directly but from an Indian point of view. Other attempts to deal with the question have typically been by non-Indians intent on portraying tribal governments as bastions of racial privilege and having as their object not reform but destruction. If democratic theories underlying the US Constitution have American Indian origins, this book argues, Indians should be able to govern themselves in the 21st century in a democratic and transparent manner. Nothing written here is to absolve the US government from responsibility for the homicides, the thefts, and the broken promises, and much of that ignominious history is recounted. However, the purpose is to help Indian nations do the best they can with what they have, understanding that the most important milestone towards a return to freedom will be an end to dependence. In the Supreme Court, the rights of Indians have proceeded in the opposite direction from the rights of other minorities, becoming less intellectually coherent and less protective of Indian rights whether asserted individually or collectively. The famous cases that memorialize the victories of the mainstream civil rights movement simply have no analogs in federal Indian law. Therefore, it will probably be necessary at some point to win our freedom the same way the former slaves did, by exhibiting the courage demanded by militant nonviolence. "A very thought-provoking book . . . well worth the purchase and should be included in any academic library which covers domestic politics, American Indians studies, U.S. government, history or law. Any Tribal library which maintains a high school to adult collection on American Indians should have it, too." -- John Berry, librarian, University of California, Berkeley and San José State University "[A] specialist discussion of the difficulty of governance and sovereignty in the post-colonial Cherokee nation that by virtue of Russell''s breezy conversational style remains extremely readable and even enjoyable throughout." -- European Journal of American Studies "I read it hoping it would be a mix of work and fun, and it lived up to that, with the sort of fearless tone that makes for interesting reading." -- Ezra Rosser, American University Washington College of Law "Steve Russell has given us a refreshing and provocative book that covers a lot of ground. It is refreshing in its honest appraisal of some current incarnations of tribal governance, and it is provocative in its combative style and its willingness to discuss the long-term prospects for the survival of American Indian nations...a work of stimulating range and intelligence."--American Indian Quarterly "Russell''s concise and insightful presentation of the course of American Indian policy is exceptional and should immediately be adopted by all who teach courses on Native American history and law. . . . All in all, Sequoyah Rising should be on the bookshelves of everyone interested in American Indian policy, history, and contemporary affairs. It is witty, easy to read, well organized, and, most important, thought provoking. Russell has certainly made his mark as a superb writer, historian, and political commentator."--Wicazo Sa Review "...an engaging, intriguing book...Sequoyah Rising is a book worth reading with fundamental change in mind." -- American Indian Culture and Research Journal

Progressive Oklahoma

Progressive Oklahoma
Author: Danney Goble
Publisher: University of Oklahoma Press
Total Pages: 289
Release: 2015-07
Genre: History
ISBN: 080615375X

Progressive Oklahoma traces Oklahoma’s rapid evolution from pioneer territory to statehood under a model Progressive constitution. Author Danney Goble reasons that the Progressive movement grew as a reaction to an exaggerated species of Gilded Age social values—the notion that an expanding marketplace and unfettered individualism would properly regulate progress. Near the end of the territorial era, that notion was challenged: commercial farmers and trade unionists saw a need to control the market through collective effort, and the sudden appearance of new corporate powers convinced many that the invisible hand of the marketplace had become palsied. After years of territorial setbacks, Oklahoma Democrats readily embraced the Progressive agenda and swept the 1906 constitutional convention elections. They went on to produce for their state a constitution that incorporated such landmark Progressive features as the initiative and referendum, strict corporate regulation, sweeping tax reform, a battery of social justice measures, and provisions for state-owned enterprises. Goble is keenly aware that the Oklahoma experience was closely related to broader changes that shaped the nation at the turn of the century. Progressive Oklahoma examines the elemental changes that transformed Indian Territory into a new kind of state, and its inhabitants into Oklahomans—and modern Americans.

Corporate Governance Matters

Corporate Governance Matters
Author: David Larcker
Publisher: FT Press
Total Pages: 497
Release: 2011-04-14
Genre: Business & Economics
ISBN: 0132367076

Corporate Governance Matters gives corporate board members, officers, directors, and other stakeholders the full spectrum of knowledge they need to implement and sustain superior governance. Authored by two leading experts, this comprehensive reference thoroughly addresses every component of governance. The authors carefully synthesize current academic and professional research, summarizing what is known, what is unknown, and where the evidence remains inconclusive. Along the way, they illuminate many key topics overlooked in previous books on the subject. Coverage includes: International corporate governance. Compensation, equity ownership, incentives, and the labor market for CEOs. Optimal board structure, tradeoffs, and consequences. Governance, organizational strategy, business models, and risk management. Succession planning. Financial reporting and external audit. The market for corporate control. Roles of institutional and activist shareholders. Governance ratings. The authors offer models and frameworks demonstrating how the components of governance fit together, with concrete examples illustrating key points. Throughout, their balanced approach is focused strictly on two goals: to “get the story straight,” and to provide useful tools for making better, more informed decisions.