Law And Bureaucracy
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| Author | : Daniel E. Hall |
| Publisher | : Pearson Higher Ed |
| Total Pages | : 481 |
| Release | : 2014-02-19 |
| Genre | : Law |
| ISBN | : 0133494152 |
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Administrative Law: Bureaucracy in a Democracy, Sixth Edition, covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, such as the concept of fairness. Instructor resources include an Instructor’s Manual, PowerPoint lecture slides, and a Test Bank. Teaching and Learning Experience: Examines administrative law in the context of accountability and the prevention of abuse Assists students in critical thinking and case analysis by including case excerpts Provides practical knowledge of administrative agencies and the laws that govern their behavior
| Author | : Michael Lipsky |
| Publisher | : Russell Sage Foundation |
| Total Pages | : 263 |
| Release | : 1983-06-29 |
| Genre | : Political Science |
| ISBN | : 1610443624 |
Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.
| Author | : Christopher F. Edley |
| Publisher | : Yale University Press |
| Total Pages | : 288 |
| Release | : 1992-07-29 |
| Genre | : Law |
| ISBN | : 9780300052534 |
This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.
| Author | : Joseph Postell |
| Publisher | : University of Missouri Press |
| Total Pages | : 416 |
| Release | : 2017-07-30 |
| Genre | : Political Science |
| ISBN | : 0826273785 |
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
| Author | : Daniel E. Hall |
| Publisher | : Pearson |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Administrative law |
| ISBN | : 9780133493870 |
This textbook examines administrative law in the context of accountability and preventing governmental abuse of power. The author looks at the authorities held by administrative agencies, how agencies are kept accountable, and the existing and potential constraints on agency authority, both constitutional and otherwise. In analyzing case excerpts, readers learn to think critically about the issues and controversies of administrative law, while gaining practical insight they can apply as professionals. This edition includes new laws and cases, and addresses contemporary challenges confronting the administrative state.
| Author | : Jerry L. Mashaw |
| Publisher | : Yale University Press |
| Total Pages | : 260 |
| Release | : 1983-01-01 |
| Genre | : Law |
| ISBN | : 9780300034035 |
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
| Author | : Nayanika Mathur |
| Publisher | : Cambridge University Press |
| Total Pages | : 215 |
| Release | : 2016 |
| Genre | : Business & Economics |
| ISBN | : 1107106974 |
Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.
| Author | : Rachel Augustine Potter |
| Publisher | : University of Chicago Press |
| Total Pages | : 259 |
| Release | : 2019-06-15 |
| Genre | : Political Science |
| ISBN | : 022662188X |
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
| Author | : Glen O. Robinson |
| Publisher | : University of Michigan Press |
| Total Pages | : 264 |
| Release | : 1991 |
| Genre | : Business & Economics |
| ISBN | : 9780472102433 |
A critical synthesis of social theory about government, bureaucracy, and law
| Author | : John Rohr |
| Publisher | : Routledge |
| Total Pages | : 356 |
| Release | : 2017-12-01 |
| Genre | : Business & Economics |
| ISBN | : 1351449532 |
This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."
