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Against the Profit Motive
DIVIn 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./div
Administrative Law from the Inside Out
This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.
Administrative Law, the American Public Law System
The Seventh Edition of this course book revises only slightly the organization familiar to its many users, but increases the attention paid to informal processes, current controversies, and the push for open government. 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.
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 ...
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.
Federal Ground
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless tur...
Saving the Freedom of Information Act
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
Fiduciary Government
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
