Author: Lloyd D. MusolfPublisher:
ISBN:
Category :
Languages : en
Pages : 203
Book Description
Federal Examiners and the Conflict of Law and Administration, by Lloyd D. Musolf
Author: Lloyd D. MusolfFederal Examiners and the Conflict of Law and Administration, by Lloyd D. Musolf. A Dissertation...
Author: Lloyd D. MusolfFederal Examiners and the Conflict of Law and Administration
Author: Lloyd D. MusolfPublisher: Baltimore: The Johns Hopkins Press
ISBN:
Category : Administrative law
Languages : en
Pages : 232
Book Description
Federal Examiners and the Conflict of Law and Administration
Author: Gertrude G. SchroederPublisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 203
Book Description
Federal Examiners and the Conflict of Law and Administration
Author: Lloyd D. MusolfThe Unwieldy American State
Author: Joanna GrisingerPublisher: Cambridge University Press
ISBN: 1107004322
Category : History
Languages : en
Pages : 325
Book Description
The Unwieldy American State examines controversies over federal administrative law in the 1940s and 1950s. The seemingly arcane procedures used by federal administrative agencies to make rules, draft policies, and issue orders were a major political issue in the years following World War II, as politicians and lawyers tried to shape rules according to their own political preferences. Reforms changed both administrative operations and the public discussion surrounding them and made the administrative state more difficult to attack.
Tocqueville's Nightmare
Author: Daniel R. ErnstPublisher: Oxford University Press
ISBN: 0199920877
Category : Law
Languages : en
Pages : 272
Book Description
In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, 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 built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
Judicializing the Administrative State
Author: Hiroshi OkayamaPublisher: Routledge
ISBN: 1351393332
Category : Social Science
Languages : en
Pages : 303
Book Description
A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.
The role of federal examiners in the administrative process
Author: Warren Caldwell WhitePublisher:
ISBN:
Category : Examiners (Administrative procedure)
Languages : en
Pages : 1246
Book Description
Manual for Administrative Law Judges
Author: Morell Eugene MullinsPublisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 240
Book Description