Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Total Pages: 321
Release: 2021
Genre: Law
ISBN: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Understanding Administrative Law

Understanding Administrative Law
Author: William F. Fox
Publisher: LexisNexis/Matthew Bender
Total Pages: 654
Release: 1997
Genre: Administrative law
ISBN:

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This text includes a significant amount of discussion on trends in administrative law such as deregulation & regulatory reform, & alternative dispute resolution. While the focus is on federal administrative decision-making, there is also some discussion of state administrative law.

Understanding Administrative Law

Understanding Administrative Law
Author: Kristin E. Hickman
Publisher: Carolina Academic Press LLC
Total Pages: 0
Release: 2022
Genre: Administrative law
ISBN: 9781531004491

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This Understanding volume is designed to help the reader grasp the fundamental concepts of administrative law. Understanding Administrative Law addresses the role of administrative agencies in our system of government, the processes of administrative decisionmaking by agencies, and judicial review of agency action. As appropriate, Understanding Administrative Law touches on the substance of the laws that agencies are called upon to implement and administer. As students study the topic of administrative law and later enter into legal practice, they will find that the substance of the laws that agencies implement and administer and the procedures that agencies follow in performing those functions are increasingly intertwined and, in many instances, almost inextricable. An awareness that no bright line exists between substance and procedure, particularly in the context of an administrative agency, is especially helpful to a thorough understanding of administrative law. Additionally, Understanding Administrative Law includes recommendations for identifying administrative law issues and tools for organizing the reader's thinking once an issue has been identified. Understanding Administrative Law highlights the manner in which a client's issues may move through a typical agency and the manner in which lawyers cope with different stages of client representation before administrative agencies. Additionally, Understanding Administrative Law identifies trends in judicial review of agency action, including an evolving jurisprudence regarding the nondelegation doctrine, agency design, and judicial deference to agency interpretations of law. The seventh edition discusses recent cases and provides extensive citations to law review articles and other resources for readers who wish to study further topics covered by the volume.

Federal Administrative Law

Federal Administrative Law
Author: Gary Lawson
Publisher: West Academic Publishing
Total Pages: 1080
Release: 2004
Genre: Law
ISBN:

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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.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful?
Author: Philip Hamburger
Publisher: University of Chicago Press
Total Pages: 646
Release: 2014-05-27
Genre: Law
ISBN: 022611645X

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“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 it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Administrative Law Stories

Administrative Law Stories
Author: Peter L. Strauss
Publisher:
Total Pages: 486
Release: 2006
Genre: Law
ISBN: 9781587789595

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Essay after essay in this fascinating book explores the statutory and historical setting of the cases discussed, rather than mere doctrine, examining in detail lawyers' judgments and tactics. Many use recently revealed papers of Supreme Court Justices to discuss often surprising elements of the decision by the Court. Students can learn a good deal about the handling of these disputes at the administrative level, before they ever get to court -- a perspective essential to understanding the field, but hard to pick up from the reported cases. Attention is paid to the ways in which many of these decisions affected future developments, with primary focus on context and on understanding the ways in which administrative disputes develop, and the roles that lawyers play in developing them.

Principles and Practice of Maryland Administrative Law

Principles and Practice of Maryland Administrative Law
Author: Arnold Rochvarg
Publisher:
Total Pages: 0
Release: 2011
Genre: Administrative law
ISBN: 9781611630558

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This book is now available in a paperback version (printed 2017). For over a decade, Maryland judges and attorneys have relied upon and cited Professor Arnold Rochvarg's previous books and journal articles to understand and decide Maryland Administrative Law cases. Rochvarg's new book, Principles and Practice of Maryland Administrative Law is the essential source required for all attorneys in Maryland who represent clients at the Office of Administrative Hearings and in cases in the courts involving Administrative Law. The book explains and analyzes all the relevant law necessary to represent clients in the myriad of matters that are governed by principles of Administrative Law. This law and the governing procedures are much different than those followed in civil and criminal court cases. The Appendices set forth the needed primary sources including the new procedural rules of the Office of Administrative Hearings. No lawyer practicing in Maryland can afford to practice in Maryland without having a copy of this book. In addition, because the Maryland central panel approach has been adopted by over half the states and the District of Columbia, this book is a useful tool for lawyers outside of Maryland. This treatise discusses in detail the administrative process at the state and county levels in Maryland. It includes discussion of topics such as rulemaking, contested cases, judicial review, and separation of powers. Most significantly, it includes a detailed discussion of the central panel approach followed by Maryland's Office of Administrative Hearings which is a model for central panels across the country. Because Maryland cases have been influential in other states, this book is valuable in states with central panels. For example, Maryland's highest court's opinion halting the death penalty because of a Maryland agency's failure to adopt proper regulations to administer the lethal injection was followed in Kentucky. This treatise is written by a law professor with thirty years of experience teaching Federal Administrative Law and State Administrative Law courses. Principles and Practice of Maryland Administrative Law is one of a handful of books which focus on the state administrative process and will be very helpful to understanding state administrative law across the country.

Administrative Competence

Administrative Competence
Author: Elizabeth Fisher
Publisher: Cambridge University Press
Total Pages: 357
Release: 2020-10-15
Genre: Law
ISBN: 1108836100

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This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.