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Evidence of the Law
"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
Foreign Affairs Federalism
Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law.
Federal Administrative Law
This book provides an in-depth treatment of the basic principles that govern federal administrative action. The Third Edition retains the prior editions' strong doctrinal orientation, straightforward organization and presentation, historical depth, and emphasis on the detailed connections among the various doctrines that govern the federal administrative state. The organization has been revised to enhance the sense of connection among doctrinal categories: materials on scope of review now immediately follow materials on statutory and regulatory procedures in order to highlight the close relationship between procedural and substantive law. The materials have been updated and sharpened, but the well-received structure and focus of the book have not been substantially altered.
“A Great Power of Attorney”
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generat...
The Origins of the Necessary and Proper Clause
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Is Administrative Law Unlawful?
“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 ...
The Constitution of Empire
The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.
The Dubious Morality of Modern Administrative Law
Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America...
The Administrative State Before the Supreme Court
In this book, legal scholars outline how and why the Supreme Court should revitalize the nondelegation doctrine—which has not been invoked since 1935. If the Court does so, it will protect the constitutional separation of powers and require Congress to make the difficult political decisions that a legislature should make in a democratic society.
Deference
Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. This book aims to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use.
