Download or read book Bending the Rules written by Rachel Augustine Potter and published by University of Chicago Press. This book was released on 2019-06-15 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
Download or read book Administrative Law written by Daniel E. Hall and published by Pearson Higher Ed. This book was released on 2014-02-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Administrative Law: Bureaucracy in a Democracy, Sixth Edition, covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, such as the concept of fairness. Instructor resources include an Instructor’s Manual, PowerPoint lecture slides, and a Test Bank. Teaching and Learning Experience: Examines administrative law in the context of accountability and the prevention of abuse Assists students in critical thinking and case analysis by including case excerpts Provides practical knowledge of administrative agencies and the laws that govern their behavior
Download or read book Bureaucracy in America written by Joseph Postell and published by University of Missouri Press. This book was released on 2017-07-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Download or read book Bureaucracy written by James Q. Wilson and published by Hachette UK. This book was released on 2019-08-13 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic book on the way American government agencies work and how they can be made to work better -- the "masterwork" of political scientist James Q. Wilson (The Economist) In Bureaucracy, the distinguished scholar James Q. Wilson examines a wide range of bureaucracies, including the US Army, the FBI, the CIA, the FCC, and the Social Security Administration, providing the first comprehensive, in-depth analysis of what government agencies do, why they operate the way they do, and how they might become more responsible and effective. It is the essential guide to understanding how American government works.
Download or read book Administrative Law written by Christopher F. Edley and published by Yale University Press. This book was released on 1992-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.
Download or read book Politics and the Bureaucracy written by Kenneth J. Meier and published by Wadsworth Publishing Company. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling textbook is unique because of its focus on the political side of bureaucracy. Designed to present bureaucracy as a political institution, this book provides coverage of the controls on bureaucracy and how bureaucracy makes policy.
Download or read book American Bureaucracy written by Glen O. Robinson and published by University of Michigan Press. This book was released on 1991 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical synthesis of social theory about government, bureaucracy, and law
Download or read book Varieties of Legal Order written by Thomas F. Burke and published by Routledge. This book was released on 2017-08-14 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.
Download or read book Policy Bureaucracy written by Edward C Page and published by OUP Oxford. This book was released on 2005-08-04 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy making is not only about the cut and thrust of politics. It is also a bureaucratic activity. Long before laws are drafted, policy commitments made, or groups consulted on government proposals, officials will have been working away to shape the policy into a form in which it can be presented to ministers and the outside world. Policy bureaucracies - parts of government organizations with specific responsibility for maintaining and developing policy - have to be mobilized before most significant policy initiatives are launched. This book describes the range of work policy officials do. The 140 civil servants interviewed for this study included officials who helped originate policies which were subsequently taken over as manifesto commitments by the Labour Party; officials who helped devise the formula by which billions of pounds are allocated to local government in grants; and also officials who recommended to the Secretary of State that a controversial publisher be allowed to take over a national newspaper. The background and career paths of middle-ranking officials show them to be a diverse group who do not tend to develop long-term subject specialisms. The instructions to which these officials work - whether coming from ministers or senior officials - are often very broad and leave much to personal interpretation. Policy Bureaucracy goes on to examine how ministers and senior officials affect the work of middle ranking officials and the cues policy bureaucrats use to develop policy. The analytical approach adopted in the book is derived from Alvin Gouldner's Patterns of Industrial Bureaucracy and his elaboration of Max Weber's notion that hierarchy and expertise place a fundamental tension at the heart of modern bureaucracies. In the UK this tension is handled by combining 'invited authority' with 'improvised expertise'. The book also explores other models of handling this tension in political systems in Europe and the USA.
Download or read book Administrative Law written by Daniel E. Hall and published by Pearson. This book was released on 2019-01-22 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Bureaucracy and democracy -- Agency discretion -- The requirement of fairness -- Delegation -- Agency rulemaking -- Agency investigationsand information collection -- Formal adjudications -- Accountability through reviewability -- Accountability through accessibility -- Accountability through liability
Download or read book The Politics of Bureaucracy written by Gordon Tullock and published by Washington : Public Affairs Press. This book was released on 1965 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Download or read book Ethics for Bureaucrats written by John Rohr and published by Routledge. This book was released on 2017-12-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."
Download or read book Law Bureaucracy and Politics written by Augustus J. Jones and published by . This book was released on 1982 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Download or read book Bureaucratic Politics and Foreign Policy written by Morton H. Halperin and published by Rowman & Littlefield. This book was released on 2007-02-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Bureaucratic Politics and Foreign Policy is one of the most successful Brookings titles of all time. This thoroughly revised version updates that classic analysis of the role played by the federal bureaucracy—civilian career officials, political appointees, and military officers—and Congress in formulating U.S. national security policy, illustrating how policy decisions are actually made. Government agencies, departments, and individuals all have certain interests to preserve and promote. Those priorities, and the conflicts they sometimes spark, heavily influence the formulation and implementation of foreign policy. A decision that looks like an orchestrated attempt to influence another country may in fact represent a shaky compromise between rival elements within the U.S. government. The authors provide numerous examples of bureaucratic maneuvering and reveal how they have influenced our international relations. The revised edition includes new examples of bureaucratic politics from the past three decades, from Jimmy Carter's view of the State Department to conflicts between George W. Bush and the bureaucracy regarding Iraq. The second edition also includes a new analysis of Congress's role in the politics of foreign policymaking.
Download or read book Administrative Law written by Daniel E. Hall and published by . This book was released on 2009 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using carefully edited cases, this book examines administrative law in the context of accountability and discusses administrative agencies and the laws that govern their behavior. Written in a straightforward style, it uses a theme of democracy to connect a variety of administrative law topics. Written in a straightforward style, it uses a theme of democracy to connect a variety of administrative law topics. Its flexible presentation combines both narrative and cases, which offers an easy way to include materials most relevant to the course. This edition features recent Supreme Court decisions, new sections on ethical expectations and liability, expanded coverage of computerized research, and a continued emphasis on the law, legal reasoning and agency accountability.
Download or read book Government Lawyers written by Cornell W. Clayton and published by . This book was released on 1995 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For years many citizens have complained that our national government is fettered by legions of inefficient, unaccountable, feather-nesting lawyers. These critics might be right about the numbers—there are nearly 40,000 lawyers employed by the federal government in every branch and at every level. But most of these professionals fulfill functions that are essential to or extremely valuable in running the machinery of government. In this volume, Cornell Clayton and eight other authorities on public law and legal agencies explore the role that politics play in this federal legal bureaucracy—especially within the executive branch. They provide insights into the historical development, present status, future trends, and interrelations among the offices of the Attorney General, Solicitor General, Special Prosecutor, White House Legal Counsel, Office of Legal Counsel, and counsels in regulatory agencies like the EPA and the EEOC. All the essays highlight a common theme—the perpetual tensions and conflicts between executive-branch politics and the profession's principled independence. Readable and enlightening, these essays add much to our understanding of—and remove some of the tarnish from—this elite corps of legal experts. They should benefit anyone interested in the legal profession, presidential politics, administrative law, public policy, and bureaucratic politics in our nation's capital.
