The Dubious Morality of Modern Administrative Law

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Release : 2020-03-15
Genre : Law
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Book Rating : 507/5 ( reviews)

The Dubious Morality of Modern 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 The Dubious Morality of Modern Administrative Law write by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University. This book was released on 2020-03-15. The Dubious Morality of Modern Administrative Law available in PDF, EPUB and Kindle. Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

The Dubious Morality of Modern Administrative Law

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Release : 2020-03-15
Genre : Law
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Book Rating : 496/5 ( reviews)

The Dubious Morality of Modern 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 The Dubious Morality of Modern Administrative Law write by L. A. U. RICHARD EPSTEIN. This book was released on 2020-03-15. The Dubious Morality of Modern Administrative Law available in PDF, EPUB and Kindle. Modern administrative law has been the subject of intense and protracted intellectual debate. In this book, Richard A. Epstein, one of America's most prominent legal scholars, provides a withering critique of the progressive administrative state and calls for a return law to its original design, meaning, and structure.

Law and Leviathan

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Release : 2020-09-15
Genre : Law
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Book Rating : 81X/5 ( reviews)

Law and Leviathan - 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 Law and Leviathan write by Cass R. Sunstein. This book was released on 2020-09-15. Law and Leviathan available in PDF, EPUB and Kindle. 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.

Design for Liberty

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Release : 2011-11-15
Genre : History
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Book Rating : 845/5 ( reviews)

Design for Liberty - 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 Design for Liberty write by Richard A. Epstein. This book was released on 2011-11-15. Design for Liberty available in PDF, EPUB and Kindle. The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

The Classical Liberal Constitution

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Release : 2014-01-06
Genre : Law
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Book Rating : 800/5 ( reviews)

The Classical Liberal Constitution - 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 Classical Liberal Constitution write by Richard A. Epstein. This book was released on 2014-01-06. The Classical Liberal Constitution available in PDF, EPUB and Kindle. American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic