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Against the Profit Motive
In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's "for-profit" past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers-by banishing the profit motive in favor of the salary-transformed that relationship forever.
Administrative Law from the Inside Out
For a generation, Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws. Administrative Law from the Inside Out brings together a collection of twenty-one essays from leading scholars that interrogate, debate, and expand on themes in Mashaw's work as well as on the fundamental premises of their field. Mashaw has illuminated new ways of seeing administrative law, composed sweeping indictments of its basic principles, and built bridges to other disciplines. The contributors to this volume provide a collective account of administrative law's commitments, possibilities, limitations, and strains as an approach to governance and as an intellectual enterprise.
Administrative Law, the American Public Law System, Cases and Materials - CasebookPlus
The Eighth Edition of this course book preserves the essential organization familiar to its many users, while eliminating material rarely taught in courses on Administrative Law. The volume thus affords a clear treatment of classic doctrine along with new material on cutting-edge issues such as the due process implications of algorithmic decisionmaking and the implications of digital privacy for the reach of agency subpoena power. Following an introduction to the history, institutional context, and theory of administrative law, students are exposed to four main topics: the political control of administration by Congress and the executive branch; agency processes for adjudication and rulemaking; government access to and required disclosure of information; and judicial remedies for official illegality. Doctrinal analysis is enriched by case studies of the law in action in particular contexts.
Prosecuting Maritime Piracy
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Valuing Bureaucracy
In this book, Verkuil uses his inside perspective on government to examine the increasing impact of private contractors on governance. Outsourcing of government functions is on the rise and is of concern to scholars and practitioners, and the reputation of the author will bring considerable attention to this book.
The Investigative State: Regulatory Oversight in the United States
This book is a timely examination of congressional oversight in the United States, serving as a definitive guide for scholars and political, legal, and media observers seeking to navigate contemporary conflicts between Congress and the White House. Author Daniel Epstein has spent his professional career as a lawyer serving all sides of the regulatory process: he ran investigations for Congress, defended the White House from congressional oversight, and represented individuals, nonprofit news organizations, and entrepreneurs in federal court to fight for regulatory transparency and fairness. Epstein uses historical and observational data to argue that the modern federal bureaucracy did not begin as a regulatory state but as an investigative state. The contemporary picture of Congress having empowered the bureaucracy to set policy through rules is a relatively recent development in the political development of administrative law. The book’s novel econometric models and historical analyses force a shift in how legal scholars and judges understand delegation, congressional oversight, and agency investigations.
Encyclopedia of American Religion and Politics
Presents an encyclopedia of religion and politics in America including short biographies of important political and religious figures like Ralph Abernathy, civil rights leader, and Ralph Waldo Emerson, writer, and synopses of religious entities like the Branch Davidians and the Episcopal church as well as important court cases of relevancy like Epperson et al. v. Arkansas having to do with evolution.
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.
