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Bending the Rules
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, proced...
Harvard Law Review: Volume 128, Number 4 - February 2015
The Harvard Law Review, February 2015, is offered in a digital edition. Contents include: • Article, "The Consequences of Error in Criminal Justice," Daniel Epps • Book Review, "Running Government Like a Business ... Then and Now," Jon D. Michaels • Note, "International Norms and Politics in the Marshall Court's Slave Trade Cases" • Note, "Congress's Power to Define the Privileges and Immunities of Citizenship" • Note, "It's About Time (Place and Manner): Why and How Congress Must Act to Protect Access to Early Voting" • Note, "The Psychology of Cruelty: Recognizing Grave Mental Harm in American Prisons" In addition, the issue features student commentary on Recent Cases, Legislat...
Handbook of American Public Administration
'Currently, public administration as art and science ponders a challenging and uncertain future. Thus, no better time exists to take stock and ponder the practical and theoretical value of its topical coverage to date. Stazyk and Frederickson have assembled an eclectic and impressive group of senior and junior scholars to join them in this intellectual exercise. Collectively, the contributors offer a stiletto-like dissection of where and how the field's energy has been expended, what knowledge it has produced, what its limitations are, and where future energies might best be expended. Kudos to all.' - Robert F. Durant, American University, US This forward-thinking Handbook draws on the exper...
Democracy’s Chief Executive
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for au...
Constitutional Coup
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.
Independent Agencies in the United States
It is essential for anyone involved in law, politics, and government, as well as students of the governmental process, to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and they cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector, and they have foreign analogues. In Independent Agencies in the United States, Marshall Breger and ...
By Executive Order
In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today--as well as more than two hundred others negotiated but never issued--shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally.
Accountability Reconsidered
Contemporary understanding of US political accountability from experts across the field of American politics.
