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When a state administrative agency takes action affecting a liberty or property interest, due process protections must be taken into account. Participants need to be assured that their cause has been heard by an impartial adjudicator who is capable of making an informed decision based upon the evidence in the record. Procedural justice doctrine teaches us that process matters to participants in formal decision-making. When state agencies take action that affects a property or liberty interest, we want assurances about the fairness of the process - both that it be fair, and that the participants are convinced that the process was fair to them and to all. This book examines administrative hearings conducted by state agencies, to determine whether participants believe the process is fair. Common to all such hearings is the use of a fact-finder or adjudicator who is not a member of the independent judicial branch of government. The book reports on the results of nationwide surveys of participants of state agency hearings, probing whether the participants believe these hearings are fair. It also offers concrete steps that can improve the perception of fairness in agency hearings.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
This report examines the influence of trust on policy making and explores some of the steps governments can take to strengthen public trust.
De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.