The Administrative Threat

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The Administrative Threat

Philip Hamburger
The Administrative Threat Book PDF

Author : Philip Hamburger
Publisher : Encounter Books
Page : 68 pages
File Size : 48,6 Mb
Release : 2017-05-02
Category : Political Science
ISBN : 9781594039508

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The Administrative Threat by Philip Hamburger Pdf

Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.

Is Administrative Law Unlawful?

Philip Hamburger
Is Administrative Law Unlawful Book PDF

Author : Philip Hamburger
Publisher : University of Chicago Press
Page : 646 pages
File Size : 42,9 Mb
Release : 2014-05-27
Category : Law
ISBN : 9780226116457

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Is Administrative Law Unlawful? by Philip Hamburger Pdf

“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.

Law and Leviathan

Cass R. Sunstein,Adrian Vermeule
Law and Leviathan Book PDF

Author : Cass R. Sunstein,Adrian Vermeule
Publisher : Harvard University Press
Page : 209 pages
File Size : 49,9 Mb
Release : 2020-09-15
Category : Law
ISBN : 9780674247536

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Law and Leviathan by Cass R. Sunstein,Adrian Vermeule Pdf

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 Administrative State

Dwight Waldo
The Administrative State Book PDF

Author : Dwight Waldo
Publisher : Routledge
Page : 251 pages
File Size : 40,5 Mb
Release : 2017-09-04
Category : Political Science
ISBN : 9781351486330

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The Administrative State by Dwight Waldo Pdf

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.

Constitutional Coup

Jon D. Michaels
Constitutional Coup Book PDF

Author : Jon D. Michaels
Publisher : Harvard University Press
Page : 321 pages
File Size : 47,9 Mb
Release : 2017-10-23
Category : History
ISBN : 9780674737730

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Constitutional Coup by Jon D. Michaels Pdf

Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

Is Administrative Law Unlawful?

Philip Hamburger
Is Administrative Law Unlawful Book PDF

Author : Philip Hamburger
Publisher : University of Chicago Press
Page : 0 pages
File Size : 45,8 Mb
Release : 2015-12-08
Category : Law
ISBN : 022632463X

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Is Administrative Law Unlawful? by Philip Hamburger Pdf

Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. 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.

The Fifth Risk

Michael Lewis
The Fifth Risk Book PDF

Author : Michael Lewis
Publisher : W. W. Norton & Company
Page : 256 pages
File Size : 40,7 Mb
Release : 2018-10-02
Category : Political Science
ISBN : 9781324002659

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The Fifth Risk by Michael Lewis Pdf

New York Times Bestseller What are the consequences if the people given control over our government have no idea how it works? "The election happened," remembers Elizabeth Sherwood-Randall, then deputy secretary of the Department of Energy. "And then there was radio silence." Across all departments, similar stories were playing out: Trump appointees were few and far between; those that did show up were shockingly uninformed about the functions of their new workplace. Some even threw away the briefing books that had been prepared for them. Michael Lewis’s brilliant narrative takes us into the engine rooms of a government under attack by its own leaders. In Agriculture the funding of vital programs like food stamps and school lunches is being slashed. The Commerce Department may not have enough staff to conduct the 2020 Census properly. Over at Energy, where international nuclear risk is managed, it’s not clear there will be enough inspectors to track and locate black market uranium before terrorists do. Willful ignorance plays a role in these looming disasters. If your ambition is to maximize short-term gains without regard to the long-term cost, you are better off not knowing those costs. If you want to preserve your personal immunity to the hard problems, it’s better never to really understand those problems. There is upside to ignorance, and downside to knowledge. Knowledge makes life messier. It makes it a bit more difficult for a person who wishes to shrink the world to a worldview. If there are dangerous fools in this book, there are also heroes, unsung, of course. They are the linchpins of the system—those public servants whose knowledge, dedication, and proactivity keep the machinery running. Michael Lewis finds them, and he asks them what keeps them up at night.

Tocqueville's Nightmare

Daniel R. Ernst
Tocqueville s Nightmare Book PDF

Author : Daniel R. Ernst
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 54,9 Mb
Release : 2014
Category : History
ISBN : 9780199920860

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Tocqueville's Nightmare by Daniel R. Ernst Pdf

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.

Regime Threats and State Solutions

Mai Hassan
Regime Threats and State Solutions Book PDF

Author : Mai Hassan
Publisher : Cambridge University Press
Page : 311 pages
File Size : 55,8 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781108490856

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Regime Threats and State Solutions by Mai Hassan Pdf

Delving inside the state, Hassan shows how leaders politicize bureaucrats to maintain power, even after the introduction of multi-party elections.

Reasoned Administration and Democratic Legitimacy

Jerry L. Mashaw
Reasoned Administration and Democratic Legitimacy Book PDF

Author : Jerry L. Mashaw
Publisher : Cambridge University Press
Page : 213 pages
File Size : 53,8 Mb
Release : 2018-09-27
Category : Law
ISBN : 9781108421003

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Reasoned Administration and Democratic Legitimacy by Jerry L. Mashaw Pdf

Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.

Law as a Means to an End

Brian Z. Tamanaha
Law as a Means to an End Book PDF

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 238 pages
File Size : 52,7 Mb
Release : 2006-10-02
Category : Law
ISBN : 9781139459228

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Law as a Means to an End by Brian Z. Tamanaha Pdf

The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

International Handbook of Threat Assessment

J. Reid Meloy,Jens Hoffmann
International Handbook of Threat Assessment Book PDF

Author : J. Reid Meloy,Jens Hoffmann
Publisher : Oxford University Press
Page : 761 pages
File Size : 44,5 Mb
Release : 2021
Category : Political Science
ISBN : 9780190940164

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International Handbook of Threat Assessment by J. Reid Meloy,Jens Hoffmann Pdf

Revised edition of International handbook of threat assessment, [2014]

Impact of School Shootings on Classroom Culture, Curriculum, and Learning

Crews, Gordon A.
Impact of School Shootings on Classroom Culture Curriculum and Learning Book PDF

Author : Crews, Gordon A.
Publisher : IGI Global
Page : 355 pages
File Size : 52,7 Mb
Release : 2021-09-24
Category : Education
ISBN : 9781799852018

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Impact of School Shootings on Classroom Culture, Curriculum, and Learning by Crews, Gordon A. Pdf

Different areas of inquiry have addressed the tragedy of school shootings and their deeply disruptive impacts upon school culture, classrooms, and student learning in this contemporary moment. Therefore, it is important to bring together interdisciplinary research on the long-term impacts of these events on students, teachers, and communities. In an age where arming classroom teachers is a serious policy initiative, there is a question of how a culture of fear manifests itself in those involved in school systems. There is a need to study these effects and implications in a time where violence and school shootings appear to have become more common than ever before. Hence, there is a need for diverse perspectives in this area of complex and urgent inquiry. Impact of School Shootings on Classroom Culture, Curriculum, and Learning explores the manifestations of the threat of school shootings and the aftermath of such tragic events through an interdisciplinary approach including but not limited to inquiries from educational psychology, sociology, educational philosophy, school leadership, and school culture with a view towards understanding the enduring and obscured effects of school shootings beyond the prevailing emphasis on facility safety and security. While chapters highlight topics such as resilience and recovery, school culture, sociology of schools, leadership and school regulation, and many more areas of interest, this book is ideal for educational leaders and administrators, classroom teachers, counselors, therapists, psychologists, school division trustees, law enforcement, policymakers, researchers, academicians, and students looking for the impacts and aftermath of school shootings on all aspects of education.

Phantoms of a Beleaguered Republic

Stephen Skowronek,John A. Dearborn,Desmond King
Phantoms of a Beleaguered Republic Book PDF

Author : Stephen Skowronek,John A. Dearborn,Desmond King
Publisher : Oxford University Press
Page : 288 pages
File Size : 45,6 Mb
Release : 2021-03-01
Category : Political Science
ISBN : 9780197543108

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Phantoms of a Beleaguered Republic by Stephen Skowronek,John A. Dearborn,Desmond King Pdf

A powerful dissection of one of the fundamental problems in American governance today: the clash between presidents determined to redirect the nation through ever-tighter control of administration and an executive branch still organized to promote shared interests in steady hands, due deliberation, and expertise. President Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie faceoff. On one side was the specter of a "Deep State" conspiracyadministrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of "the unitary executive" gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out. These conflicts are not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull the American government apart.

Model Rules of Professional Conduct

American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Model Rules of Professional Conduct Book PDF

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 40,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.