Is Administrative Law Unlawful?
Is Administrative Law Unlawful?

Author: Philip Hamburger

Publisher: University of Chicago Press

Published: 2014-05-27

Total Pages: 646

ISBN-13: 022611645X

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“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.

Sharing the Common Pool
Sharing the Common Pool

Author: Charles R. Porter

Publisher: Texas A&M University Press

Published: 2014-05-15

Total Pages: 266

ISBN-13: 1623491371

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If all the people, municipalities, agencies, businesses, power plants, and other entities that think they have a right to the water in Texas actually tried to exercise those rights, there would not be enough water to satisfy all claims, no matter how legitimate. In Sharing the Common Pool: Water Rights in the Everyday Lives of Texans, water rights expert Charles Porter explains in the simplest possible terms who has rights to the water in Texas, who determines who has those rights, and who benefits or suffers because of it. The origins of Texas water law, which contains elements of the state’s Spanish, English, and Republic heritages, contributed to the development of a system that defines water by where it sits, flows, or falls and assigns its ownership accordingly. Over time, this seemingly logical, even workable, set of expectations has evolved into a tortuous collection of laws, permits, and governing authorities under the onslaught of population growth and competing interests—agriculture, industry, cities—all with insatiable thirsts. In sections that cover ownership, use, regulation, real estate, and policy, Porter lays out in as straightforward a fashion as possible just how we manage (and mismanage) water in this state, what legal cases have guided the debate, and where the future might take us as old rivalries, new demands, and innovative technologies—such as hydraulic fracturing of oil shale formations (“fracking”)—help redefine water policy. To learn more about The Meadows Center for Water and the Environment, sponsors of this book's series, please click here.

Administrative Law in the Political System
Administrative Law in the Political System

Author: Kenneth Warren

Publisher: Routledge

Published: 2019-08-06

Total Pages: 545

ISBN-13: 0429757328

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Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.

Engaging with Foreign Law
Engaging with Foreign Law

Author: Basil S Markesinis

Publisher: Bloomsbury Publishing

Published: 2009-03-30

Total Pages: 474

ISBN-13: 184731497X

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This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

The Legitimacy and Responsiveness of Industry Rule-making
The Legitimacy and Responsiveness of Industry Rule-making

Author: Karen Lee

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 307

ISBN-13: 1509918116

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Rule-making is no longer an activity undertaken exclusively by public actors. Private actors are increasingly allowed by legislatures and regulatory bodies to take part in (and in some cases assume responsibility for) the formation of legally binding rules, for example in the US, UK, Australia and the EU. Departing from traditional forms of rule-making by involving private actors may enhance the ability of regulatory systems to achieve social goals, as regulatory scholars argue. However, because private actors are permitted to act in their own best interests, their involvement also raises doubts about the legitimacy of the underlying rule-making processes and the rules that are formulated. The principal aim of this book is to highlight that the tension between the responsiveness that leading international regulatory scholars advocate in order to improve regulatory effectiveness, and the law and its formal, substantive, procedural and institutional values, is not as great as may first appear. Drawing on three in-depth case studies of the experience of the Australian telecommunications industry with self-regulatory rule-making – a form of rule-making that bears the hallmarks of 'responsive regulation', 'democratic experimentalism', 'smart regulation' and other strategies of proceduralization – it is argued that industry rule-making can, as a matter of practice, be responsive and legitimate at the same time. In doing so, the book formulates and applies criteria against which industry rule-making should be evaluated and identifies a number of indicia that point to when industry rule-making is likely to be simultaneously legitimate and responsive.

State and Federal Administrative Law
State and Federal Administrative Law

Author: Michael Asimow

Publisher: West Academic Publishing

Published: 2009

Total Pages: 840

ISBN-13:

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State and Federal Administrative Law, Third Edition, contains thorough coverage of administrative law issues in both federal and state contexts. Although it can be used for a course that focuses primarily on federal law, its dual coverage allows instructors to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method. A comprehensive teacher's manual accompanies the book.

Law in a Digital World
Law in a Digital World

Author: M. Ethan Katsh

Publisher: Oxford University Press

Published: 1995-05-25

Total Pages: 305

ISBN-13: 0195359852

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The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where information is created, stored, and communicated electronically, is quickly approaching, if not already here. The future of law will no longer be found in impressive buildings and leather-bound books, but in small pieces of silicon, in streams of light, and in millions of miles of wires and cable. It will be a world of new relationships and greater possibilities for individual and group communication, an environment where the value of information increases as it is shared. In Law in a Digital world, M. Ethan Katsh explores how these new technologies will alter one of our most central institutions. He considers the different ways in which people will not only electronically read and write, but also interact with our vast storehouses of legal knowledge and information. He envisions how sounds and pictures will play into the largely imageless print world of law, and looks at the future importance of graphic and nontextual communication. He explores how the flexible, personalized organization of data will transform the way we gather information, and whether information can or cannot be contained, raising questions of copyright and privacy. What happens to the law when information is more plentiful and accessible? What happens to those people who suddenly have access to information never before available? Does the use of information in a new form change the institution, the user, and those who come in contact with the user? And, what role does the lawyer play in all of this? For citizens, for lawyers, for all those who will be part of the digital world rushing toward us, Katsh answers these questions while considering the implications of this new era.

Construction Law Update 2013
Construction Law Update 2013

Author: Sweeney

Publisher: Wolters Kluwer

Published: 2013-05-01

Total Pages: 720

ISBN-13: 1454826932

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For the past twenty one years, legal and business professionals in the construction law industry have eagerly anticipated the annual release of this best-selling guide. The Construction Law Update chronicles and communicates changes in the construction law industry. Comprised of 14 informative chapters -- each written by an expert or experts in the field -- the 2013 Edition offers these contributing authors' timely, practical analysis on many current issues in the construction law industry. Construction Law Update brings you up-to-date with new developments impacting six major geographical regions of the United States: Southeast, Northeast, Southwest, West, Northwest, and Midwest. For these regions, you'll discover what's happening in vital areas like: New legislation affecting payment obligations Bidding rights and obligations Contractual rights and obligations Bonds and liens Insurance and sureties Building Code issues Arbitration And more!

International Handbook of Social Media Laws
International Handbook of Social Media Laws

Author: Paul Lambert

Publisher: Bloomsbury Publishing

Published: 2015-07-30

Total Pages: 743

ISBN-13: 1780438303

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"Social media has become the online meeting place. People now communicate on an unparalleled scale. Covering 34 countries, this text provides a useful snapshot of the issues that permeate virtual life. This text will aid lawyers when looking for where to begin when faced with a problem in this fast moving arena." Stephen Mason, barrister, academic and author International Handbook of Social Media Laws is the only title currently available to address social networking laws at an international level. It clearly explains each of the main legal issues and developments across various legal jurisdictions to ensure that a company's social media presence can be fully compliant with the law of each country. It covers all aspects of the law from a UK and international perspective by offering country report chapters that highlight the legal issues, cases and rules in each jurisdiction. Reviews “I was simply riveted ... [expert contributors] of a very high order indeed ... so much more than a worthy compendium of SM laws and cases. It simply brings the whole subject alive ... [it] not merely describes what is going on. It makes you think. That is why this book is so valuable ...” The Rt. Hon. Professor Sir Robin Jacob. Foreword. “Social media has become the online meeting place. People now communicate on an unparalleled scale. Covering 34 countries, this text provides a useful snapshot of the issues that permeate virtual life. This text will aid the lawyer, student, journalist and others when looking for where to begin when faced with a problem in this fast moving arena.” Stephen Mason. Barrister, International expert and author on electronic evidence and electronic signatures. “In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students serious about the widespread legal impact of social software, and the myriad ways in which different legal regimes react to these new and growing challenges.” Professor Joshua Fairfield. Washington and Lee University School of Law. The Internet offers amazing and at times bewildering choices, especially when it comes to online social media. This volume is your guiding star, shedding expert light not only on the legal perspectives of issues cropping up, but also on what we can expect the future to hold. An essential work for everyone in the field! Viktor Mayer-Schönberger. Professor Oxford Internet Institute, internet and law expert, author of the bestselling book Delete: The Virtue of Forgetting in the Digital Age.