Administrative Law Theory And Fundamentals

Download or read book Administrative Law Theory and Fundamentals written by Ilan Wurman and published by Foundation Press. This book was released on 2024-07-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law Theory and Fundamentals: An Integrated Approach takes a formalist approach to administrative law while defending more of the administrative state than other formalist accounts. It articulates a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice. It argues that there are "exclusive" functions that only Congress, the President, and the courts can respectively exercise, but also "nonexclusive" functions that can be exercised by multiple branches exercising their respective powers. This theory of exclusive and nonexclusive powers and functions allows students and scholars of administrative law to make more sense of--or better critiques of--administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly.The casebook also innovates by more extensively discussing (and including in appendices) the 1852 steamboat legislation and the 1887 Interstate Commerce Act; deploying lessons of statutory interpretation as they arise in specific cases; interspersing online assessment questions for each chapter; and by including dedicated "debating" sections that excerpt from the secondary literature on the theory, values, and policy merits of contested doctrines such as deference, unitary executive power, the due process revolution, universal injunctions, and the new major questions doctrine. Finally, the book makes numerous organizational improvements, including by placing due process materials after Article III materials and restructuring materials on reviewability.The second edition is updated to include several of the Supreme Court's new "major questions" cases--including a section on "debating the major questions doctrine," which excerpts from the latest secondary literature--new cases on appointment and removal of executive officers, and a more extensive discussion of the jury trial right in light of the Fifth Circuit's recent holding in Jarkesy v. SEC that SEC enforcement actions seeking monetary penalties require a jury, and therefore an Article III court. (The Supreme Court heard oral argument in the case as this edition went to press.) These important new separation of powers cases validate this casebook's formalist approach, which is the method of a majority of the Supreme Court, and its balanced look at history, constitutional structure, and the place of agencies in both.

Download or read book Administrative Law Theory and Fundamentals written by ILAN. WURMAN and published by Foundation Press. This book was released on 2021-05-11 with total page 1261 pages. Available in PDF, EPUB and Kindle. Book excerpt: CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

Download or read book Administrative Law written by J. M. Migai Akech and published by . This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Introduction to Administrative Law written by Neil Hawke and published by Routledge. This book was released on 2013-10-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.