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Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Administrative Law: Bureaucracy in a Democracy, Sixth Edition, covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, such as the concept of fairness. Instructor resources include an Instructor’s Manual, PowerPoint lecture slides, and a Test Bank. Teaching and Learning Experience: Examines administrative law in the context of accountability and the prevention of abuse Assists students in critical thinking and case analysis by including case excerpts Provides practical knowledge of administrative agencies and the laws that govern their behavior
Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.
Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.
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
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."
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.
For years many citizens have complained that our national government is fettered by legions of inefficient, unaccountable, feather-nesting lawyers. These critics might be right about the numbers—there are nearly 40,000 lawyers employed by the federal government in every branch and at every level. But most of these professionals fulfill functions that are essential to or extremely valuable in running the machinery of government. In this volume, Cornell Clayton and eight other authorities on public law and legal agencies explore the role that politics play in this federal legal bureaucracy—especially within the executive branch. They provide insights into the historical development, present status, future trends, and interrelations among the offices of the Attorney General, Solicitor General, Special Prosecutor, White House Legal Counsel, Office of Legal Counsel, and counsels in regulatory agencies like the EPA and the EEOC. All the essays highlight a common theme—the perpetual tensions and conflicts between executive-branch politics and the profession's principled independence. Readable and enlightening, these essays add much to our understanding of—and remove some of the tarnish from—this elite corps of legal experts. They should benefit anyone interested in the legal profession, presidential politics, administrative law, public policy, and bureaucratic politics in our nation's capital.