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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.
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.
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."
Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
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.
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
This fully revised edition of a bestseller presents the law and practice of judicial reviewdeconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide to the huge volume of case law in this area.
The Fundamentals series introduces students to the principles of the law by way of clear text combined with visual aids, tools and diagrams to enable an easy understanding of the subject without sacrificing the detail that is required for proper comprehension. Each title assumes no level of prior knowledge, allowing the book to be used for those new to the subject and for distance learning. Public Law - The Fundamentals presents a clear and detailed explanation of the area, with features that aid comprehension and understanding, providing an excellent grounding in the subject and a solid basis for the study of law
"A succinct exposition of the law to which a student or lawyer can turn for reliable guidance." -- Back cover.