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Reasoned Administration and Democratic Legitimacy
Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.
Social Insurance
What has America done to protect its citizens from life-changing but common risks such as death of a family breadwinner, ill health, disability, involuntary unemployment, outliving retirement savings, and birth into a poor family? Each, in its own way, burdens—and possibly devastates—unlucky individuals and families both emotionally and financially. It is the rare life that is untouched by one or more of these six threats. How do our current policies affect taxation, spending, and the economy, as well as prospects for individual lives? What more might these policies do to protect Americans? Rich in stories, data, and analysis, Social Insurance by Theodore R. Marmor, Jerry L. Mashaw, and John Pakutka provides a strong intellectual foundation for understanding the history, economics, politics, and philosophy of America’s most important social insurance programs. This insightful work provides a unifying vision of these programs’ purposes and reminds us, amidst the confusing and often apocalyptic rhetoric, why we have the programs and policies we do, while arguing for reforms that preserve and enhance the protections in place.
Creating the Administrative Constitution
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
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.
The Struggle for Auto Safety
Combining superb investigative reporting with incisive analysis, Jerry Mashaw and David Harfst provide a compelling account of the attempt to regulate auto safety in America. Their penetrating look inside the National Highway Traffic Safety Administration (NHTSA) spans two decades and reveals the complexities of regulating risk in a free society. Hoping to stem the tide of rising automobile deaths and injuries, Congress passed the National Traffic and Motor Vehicle Safety Act in 1966. From that point on, automakers would build cars under the watchful eyes of the federal regulators at NHTSA. Curiously, however, the agency abandoned its safety mission of setting, monitoring, and enforcing perf...
True Security
Social insurance in the United States--including the Social Security Act of 1935 and the Medicare, Medicaid, and disability insurance programs that were added later--may be the greatest triumph of American domestic policy. But true security has not been achieved. As Michael J. Graetz and Jerry L. Mashaw show in this pathbreaking book, the nation's system of social insurance is riddled with gaps, inefficiencies, and inequities. Even the most popular and successful programs, Medicare and Social Security, face serious financial challenges from the coming retirement of the baby boom generation and the aging of the population. This book challenges the notion that American social insurance must re...
Greed, Chaos, and Governance
Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and...
The Health Care Case
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
