Law Bureaucracy And Politics
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| Author | : James Q. Wilson |
| Publisher | : Hachette UK |
| Total Pages | : 464 |
| Release | : 2019-08-13 |
| Genre | : Political Science |
| ISBN | : 1541646258 |
The classic book on the way American government agencies work and how they can be made to work better -- the "masterwork" of political scientist James Q. Wilson (The Economist) In Bureaucracy, the distinguished scholar James Q. Wilson examines a wide range of bureaucracies, including the US Army, the FBI, the CIA, the FCC, and the Social Security Administration, providing the first comprehensive, in-depth analysis of what government agencies do, why they operate the way they do, and how they might become more responsible and effective. It is the essential guide to understanding how American government works.
| 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 | : 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 | : 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 | : Cornell W. Clayton |
| Publisher | : |
| Total Pages | : 312 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : |
For years many citizens have complained that our national government is fettered by legions of inefficient, unaccountable, feather-nesting lawyers. These critics might be right about the numbers—there are nearly 40,000 lawyers employed by the federal government in every branch and at every level. But most of these professionals fulfill functions that are essential to or extremely valuable in running the machinery of government. In this volume, Cornell Clayton and eight other authorities on public law and legal agencies explore the role that politics play in this federal legal bureaucracy—especially within the executive branch. They provide insights into the historical development, present status, future trends, and interrelations among the offices of the Attorney General, Solicitor General, Special Prosecutor, White House Legal Counsel, Office of Legal Counsel, and counsels in regulatory agencies like the EPA and the EEOC. All the essays highlight a common theme—the perpetual tensions and conflicts between executive-branch politics and the profession's principled independence. Readable and enlightening, these essays add much to our understanding of—and remove some of the tarnish from—this elite corps of legal experts. They should benefit anyone interested in the legal profession, presidential politics, administrative law, public policy, and bureaucratic politics in our nation's capital.
| Author | : Morton H. Halperin |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 416 |
| Release | : 2007-02-01 |
| Genre | : Political Science |
| ISBN | : 0815734107 |
The first edition of Bureaucratic Politics and Foreign Policy is one of the most successful Brookings titles of all time. This thoroughly revised version updates that classic analysis of the role played by the federal bureaucracy—civilian career officials, political appointees, and military officers—and Congress in formulating U.S. national security policy, illustrating how policy decisions are actually made. Government agencies, departments, and individuals all have certain interests to preserve and promote. Those priorities, and the conflicts they sometimes spark, heavily influence the formulation and implementation of foreign policy. A decision that looks like an orchestrated attempt to influence another country may in fact represent a shaky compromise between rival elements within the U.S. government. The authors provide numerous examples of bureaucratic maneuvering and reveal how they have influenced our international relations. The revised edition includes new examples of bureaucratic politics from the past three decades, from Jimmy Carter's view of the State Department to conflicts between George W. Bush and the bureaucracy regarding Iraq. The second edition also includes a new analysis of Congress's role in the politics of foreign policymaking.
| Author | : Brian J. Cook |
| Publisher | : JHU Press |
| Total Pages | : 295 |
| Release | : 2014-12-15 |
| Genre | : Political Science |
| ISBN | : 1421415534 |
A thorough update to this well-regarded political history of American public administration. In this new edition of his provocative book Bureaucracy and Self-Government, Brian J. Cook reconsiders his thesis regarding the inescapable tension between the ideal of self-government and the reality of administratively centered governance. Revisiting his historical exploration of competing conceptions of politics, government, and public administration, Cook offers a novel way of thinking constitutionally about public administration that transcends debates about “big government.” Cook enriches his historical analysis with new scholarship and extends that analysis to the present, taking account of significant developments since the mid-1990s. Each chapter has been updated, and two new chapters sharpen Cook’s argument for recognizing a constitutive dimension in normative theorizing about public administration. The second edition also includes reviews of Jeffersonian impacts on administrative theory and practice and Jacksonian developments in national administrative structures and functions, a look at the administrative theorizing that presaged progressive reforms in civil service, and insight into the confounding complexities that characterize public thinking about administration in a postmodern political order.
| Author | : David E. Lewis |
| Publisher | : Stanford University Press |
| Total Pages | : 240 |
| Release | : 2004-09-02 |
| Genre | : Political Science |
| ISBN | : 0804766916 |
The administrative state is the nexus of American policy making in the postwar period. The vague and sometimes conflicting policy mandates of Congress, the president, and courts are translated into real public policy in the bureaucracy. As the role of the national government has expanded, the national legislature and executive have increasingly delegated authority to administrative agencies to make fundamental policy decisions. How this administrative state is designed, its coherence, its responsiveness, and its efficacy determine, in Robert Dahl’s phrase, “who gets what, when, and how.” This study of agency design, thus, has implications for the study of politics in many areas. The structure of bureaucracies can determine the degree to which political actors can change the direction of agency policy. Politicians frequently attempt to lock their policy preferences into place through insulating structures that are mandated by statute or executive decree. This insulation of public bureaucracies such as the National Transportation Safety Board, the Federal Election Commission, and the National Nuclear Security Administration, is essential to understanding both administrative policy outputs and executive-legislative politics in the United States. This book explains why, when, and how political actors create administrative agencies in such a way as to insulate them from political control, particularly presidential control.
| Author | : Eleanor L. Schiff |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 157 |
| Release | : 2020-07-23 |
| Genre | : Political Science |
| ISBN | : 1498597785 |
In Bureaucracy’s Masters and Minions: The Politics of Controlling the U.S. Bureaucracy, the author argues that political control of the bureaucracy from the president and the Congress is largely contingent on an agency’s internal characteristics of workforce composition, workforce responsibilities, and workforce organization. Through a revised principal-agent framework, the author explores an agent-principal model to use the agent as the starting-point of analysis. The author tests the agent-principal model across 14 years and 132 bureaus and finds that both the president and the House of Representatives exert influence over the bureaucracy, but agency characteristics such as the degree of politization among the workforce, the type of work the agency is engaged in, and the hierarchical nature of the agency affects how agencies are controlled by their political masters. In a detailed case study of one agency, the U.S. Department of Education, the author finds that education policy over a 65-year period is elite-led, and that that hierarchical nature of the department conditions political principals’ influence. This book works to overcome three hurdles that have plagued bureaucratic studies: the difficulty of uniform sampling across the bureaucracy, the overuse of case studies, and the overreliance on the principal-agent theoretical approach.
| 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
