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A publication devoted to the business and personnel activities of the U.S. Department of Agriculture.
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers' Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.
The Blackletter Statement of Federal Administrative Law is published by the Administrative Law section of the American Bar Association.
This book is now available in a paperback version (printed 2017). For over a decade, Maryland judges and attorneys have relied upon and cited Professor Arnold Rochvarg's previous books and journal articles to understand and decide Maryland Administrative Law cases. Rochvarg's new book, Principles and Practice of Maryland Administrative Law is the essential source required for all attorneys in Maryland who represent clients at the Office of Administrative Hearings and in cases in the courts involving Administrative Law. The book explains and analyzes all the relevant law necessary to represent clients in the myriad of matters that are governed by principles of Administrative Law. This law and the governing procedures are much different than those followed in civil and criminal court cases. The Appendices set forth the needed primary sources including the new procedural rules of the Office of Administrative Hearings. No lawyer practicing in Maryland can afford to practice in Maryland without having a copy of this book. In addition, because the Maryland central panel approach has been adopted by over half the states and the District of Columbia, this book is a useful tool for lawyers outside of Maryland. This treatise discusses in detail the administrative process at the state and county levels in Maryland. It includes discussion of topics such as rulemaking, contested cases, judicial review, and separation of powers. Most significantly, it includes a detailed discussion of the central panel approach followed by Maryland's Office of Administrative Hearings which is a model for central panels across the country. Because Maryland cases have been influential in other states, this book is valuable in states with central panels. For example, Maryland's highest court's opinion halting the death penalty because of a Maryland agency's failure to adopt proper regulations to administer the lethal injection was followed in Kentucky. This treatise is written by a law professor with thirty years of experience teaching Federal Administrative Law and State Administrative Law courses. Principles and Practice of Maryland Administrative Law is one of a handful of books which focus on the state administrative process and will be very helpful to understanding state administrative law across the country.