State Administrative Law
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| Author | : Michael Asimow |
| Publisher | : West Academic Publishing |
| Total Pages | : 896 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : |
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 | : 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.
| Author | : Frank J. Goodnow |
| Publisher | : |
| Total Pages | : 530 |
| Release | : 1905 |
| Genre | : Administrative law |
| ISBN | : |
| Author | : Cass R. Sunstein |
| Publisher | : Harvard University Press |
| Total Pages | : 209 |
| Release | : 2020-09-15 |
| Genre | : Law |
| ISBN | : 0674247531 |
From two legal luminaries, 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? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
| Author | : Adrian Vermeule |
| Publisher | : Harvard University Press |
| Total Pages | : 267 |
| Release | : 2016-11-14 |
| Genre | : Law |
| ISBN | : 0674974719 |
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
| Author | : Patrick J. Borchers |
| Publisher | : West Group Publishing |
| Total Pages | : 1084 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : |
| Author | : Gary Lawson |
| Publisher | : West Academic Publishing |
| Total Pages | : 1080 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : |
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 | : Dwight Waldo |
| Publisher | : Routledge |
| Total Pages | : 384 |
| Release | : 2017-09-04 |
| Genre | : Political Science |
| ISBN | : 1351486330 |
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 | : Kenneth Warren |
| Publisher | : Routledge |
| Total Pages | : 545 |
| Release | : 2019-08-06 |
| Genre | : Political Science |
| ISBN | : 0429757328 |
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 | : Arnold Rochvarg |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Administrative law |
| ISBN | : 9781611630558 |
This book is now available in a paperback version (printed 2017). For over a decade, Maryland judges and attorneys have relied upon and cited Professor Arnold Rochvarg's previous books and journal articles to understand and decide Maryland Administrative Law cases. Rochvarg's new book, Principles and Practice of Maryland Administrative Law is the essential source required for all attorneys in Maryland who represent clients at the Office of Administrative Hearings and in cases in the courts involving Administrative Law. The book explains and analyzes all the relevant law necessary to represent clients in the myriad of matters that are governed by principles of Administrative Law. This law and the governing procedures are much different than those followed in civil and criminal court cases. The Appendices set forth the needed primary sources including the new procedural rules of the Office of Administrative Hearings. No lawyer practicing in Maryland can afford to practice in Maryland without having a copy of this book. In addition, because the Maryland central panel approach has been adopted by over half the states and the District of Columbia, this book is a useful tool for lawyers outside of Maryland. This treatise discusses in detail the administrative process at the state and county levels in Maryland. It includes discussion of topics such as rulemaking, contested cases, judicial review, and separation of powers. Most significantly, it includes a detailed discussion of the central panel approach followed by Maryland's Office of Administrative Hearings which is a model for central panels across the country. Because Maryland cases have been influential in other states, this book is valuable in states with central panels. For example, Maryland's highest court's opinion halting the death penalty because of a Maryland agency's failure to adopt proper regulations to administer the lethal injection was followed in Kentucky. This treatise is written by a law professor with thirty years of experience teaching Federal Administrative Law and State Administrative Law courses. Principles and Practice of Maryland Administrative Law is one of a handful of books which focus on the state administrative process and will be very helpful to understanding state administrative law across the country.
