Mr. Justice Brandeis

Mr. Justice Brandeis
Author: Felix Frankfurter
Publisher: Da Capo Press, Incorporated
Total Pages: 258
Release: 1972-02-21
Genre: Biography & Autobiography
ISBN:

Author:
Publisher: BoD – Books on Demand
Total Pages: 898
Release:
Genre:
ISBN: 3368723677

Southern Horrors: Lynch Law in All Its Phases

Southern Horrors: Lynch Law in All Its Phases
Author: Ida B. Wells-Barnett
Publisher: BoD – Books on Demand
Total Pages: 30
Release: 2018-04-05
Genre: Fiction
ISBN: 3732648621

Reproduction of the original: Southern Horrors: Lynch Law in All Its Phases by Ida B. Wells-Barnett

Law and Leviathan

Law and Leviathan
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 β€œthe 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.