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Edited by a leading public law scholar at Yale Law School, Foundations of Administrative Law is the first major reader in the field since the 1970s. It provides 42 readings on the administrative process by prominent legal scholars, political scientists, economists, sociologists, and judges. Offering a rich variety of intellectual perspectives and methodologies, the text examines historical, theoretical, statutory, and comparative aspects of administrative law. Major topics include the theoretical and historical foundations of the administrative state, the federal and state Administrative Procedure Acts, the determinants of agency behavior, different models of procedural justice and effective governance, the control of administrative discretion, comparative administrative process, and the future of the administrative state. Each chapter contains an introduction, notes, questions, and bibliographic references.
This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Tort Law (Saul Levmore, Editor), Foundations of Corporate Law (Roberta Romano, Editor), and Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors).

Tabla de contenidos provista por Syndetics

• Introduction
• I The Theoretical Foundations of the Administrative State
• The Administrative Process, James Landis Regulation and Its Reform
• A Theory of Nonmarket Failures
• A Civic Republican Justification for the Bureaucratic State
• Notes and Questions
• II The Historical Foundations of the Administrative State Building a New American State
• The Expansion of National Administrative Capacities, 1877-1920, Stephen Skowronek Federal Regulation in Historical Perspective, Robert Rabin Notes and Questions
• III The Administrative Procedure Act Factions, Self-Interest, and the APA
• Four Lessons Since 1946, Cass Sunstein APA
• Past, Present, Future, Martin Shapiro State Law in the Teaching of Administrative Law
• A Critical Analysis of the Status Quo, Arthur Bonfield Notes and Questions
• IV The Determinants of Agency Behavior Explaining Administrative Process
• Normative, Positive, and Critical Stories of Legal Development "The Politics of Bureaucratic Structure", Terry Moe "Beliefs"
• The Science of "Muddling Through", Charles Lindblom Notes and Questions
• V Models of Procedural Justice and Effective Governance Due Process in the Administrative State
• A Theory of Procedure
• The New Property, Charles Reich Reflections on "The New Property"
• When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy
• Through an Exceptions Process
• Adversarial Legalism and American Government
• Notes and Question
• VI Controlling Administrative Discretion
• 1 The Problem of Administrative Discretion Discretionary Justice
• The End of Liberalism, Theodore Lowi Prodelegation: Why Administrators Should Make Political Decisions Notes and Questions
• 2 Review by Courts and Specialized Tribunals Public Programs and Private Rights, Richard
• Stewart and Cass Sunstein Statutory Interpretation and the Balance of Power in the Administrative State
• Administrative Law and Bureaucratic Reality
• To the Chevron Station: An Empirical Study of Federal Administrative Law
• Elliott Specialized Courts in Administrative Law, Harold Bruff Notes and Questions
• 3 Presidential and Congressional Review
• The Place of Agencies in Government: Separation of Powers and the Fourth Branch, Peter Strauss OMB Interference with Agency Rulemaking
• The Wrong Way to Write a Regulation, Alan Morrison
• White House Review of Agency Rulemaking
• Christopher Demuth and Douglas Ginsburg "Micromanangement by Congress: Reality and Mythology", Louis Fisher Notes and Questions
• 4 Internal Controls: Management, Culture, and Professional Norms
• The Management Side of Due Process, Jerry Mashow "Culture" and "Compliance"
• Legality, Bureaucracy, and Class in the Welfare System, William Simon Notes and Questions
• 5 Public Participation
• The Reformation of American Administrative Law, Richard Stewart Bureaucratic Justice
• Managing Social Security Disability Claims
• The Role of Courts in Regulatory Negotition-- Response to Judge Wald
• Philip Harter Notes and Questions
• 6 Market-Oriented Controls Privatization: Politics, Law, and Theory, Ronald Cass