Administrative Law

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Release : 1992-07-29
Genre : Law
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Book Rating : 534/5 ( reviews)

Administrative Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Administrative Law write by Christopher F. Edley. This book was released on 1992-07-29. Administrative Law available in PDF, EPUB and Kindle. 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.

Bureaucratic Justice

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Release : 1983-01-01
Genre : Law
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Book Rating : 035/5 ( reviews)

Bureaucratic Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Bureaucratic Justice write by Jerry L. Mashaw. This book was released on 1983-01-01. Bureaucratic Justice available in PDF, EPUB and Kindle. 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

Judicial Review and Bureaucratic Impact

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Release : 2004-08-19
Genre : Law
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Book Rating : 864/5 ( reviews)

Judicial Review and Bureaucratic Impact - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Review and Bureaucratic Impact write by M. L. M. Hertogh. This book was released on 2004-08-19. Judicial Review and Bureaucratic Impact available in PDF, EPUB and Kindle. A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.

The Oxford Handbook of American Bureaucracy

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Release : 2012-08-02
Genre : Political Science
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Book Rating : 336/5 ( reviews)

The Oxford Handbook of American Bureaucracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Oxford Handbook of American Bureaucracy write by Robert F. Durant. This book was released on 2012-08-02. The Oxford Handbook of American Bureaucracy available in PDF, EPUB and Kindle. One of the major dilemmas facing the administrative state in the United States today is discerning how best to harness for public purposes the dynamism of markets, the passion and commitment of nonprofit and volunteer organizations, and the public-interest-oriented expertise of the career civil service. Researchers across a variety of disciplines, fields, and subfields have independently investigated aspects of the formidable challenges, choices, and opportunities this dilemma poses for governance, democratic constitutionalism, and theory building. This literature is vast, affords multiple and conflicting perspectives, is methodologically diverse, and is fragmented. The Oxford Handbook of American Bureaucracy affords readers an uncommon overview and integration of this eclectic body of knowledge as adduced by many of its most respected researchers. Each of the chapters identifies major issues and trends, critically takes stock of the state of knowledge, and ponders where future research is most promising. Unprecedented in scope, methodological diversity, scholarly viewpoint, and substantive integration, this volume is invaluable for assessing where the study of American bureaucracy stands at the end of the first decade of the 21st century, and where leading scholars think it should go in the future. The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars critically assess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics. General Editor for The Oxford Handbooks of American Politics: George C. Edwards III

American Bureaucracy

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Release : 1991
Genre : Business & Economics
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Book Rating : 433/5 ( reviews)

American Bureaucracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook American Bureaucracy write by Glen O. Robinson. This book was released on 1991. American Bureaucracy available in PDF, EPUB and Kindle. A critical synthesis of social theory about government, bureaucracy, and law