Download or read book Midnight Rulemaking written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
Download or read book Reining in the Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and published by DIANE Publishing. This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.
Download or read book Federal Register written by and published by . This book was released on 2012-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law written by Ronald A. Cass and published by Aspen Publishing. This book was released on 2024-02-08 with total page 1447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the 9th Edition: Extensive coverage of the Major Questions Doctrine and the decline of Chevron Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness. Updated coverage of standing to secure judicial review and the timing of judicial review especially when a party challenges an agency’s structure as unconstitutional. Updated coverage of the agency deliberation exception to the Freedom of Information Act. A new focus on issues concerning the propriety of agency adjudication and the denial of the right to a jury in private rights disputes. Professors and students will benefit from: The “case study” approach illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context. The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course. The book is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course, especially with enhanced coverage of recurring issues that arise in agency adjudications. The units are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.
Download or read book Transitions written by Austin Sarat and published by University of Alabama Press. This book was released on 2012-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society. Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stability and versatility of the law, making it appear temporarily absent or in suspension. What challenges to the law arise at these times? To what extent do transitional periods foster ingenuity and resourcefulness, and how might they precipitate crises in legal authority? What do moments of legal change mean for law itself and how legal institutions bring about and respond to times of transition in legal arrangements? Transitions begins the scholarly exploration of these questions that have largely been neglected. Contributors Akhil Reed Amar / William L. Andreen / Jack M. Beermann / Heather Elliott / Joshua Alexander Geltzer / David Gray / Paul Horwitz / Daniel H. Joyner / Nina Mendelson / Meredith Render / Austin Sarat / Ruti Teitel / Lindsey Ohlsson Worth
Download or read book Ten Thousand Commandments written by Clyde Wayne Crews and published by Cato Institute. This book was released on 2004 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law and Regulatory Policy written by Stephen G. Breyer and published by Aspen Publishing. This book was released on 2022-04-19 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives
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 The War Against Regulation written by Phillip J. Cooper and published by Studies in Government and Public Policy. This book was released on 2009 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise survey and analysis of presidential attempts over the last thirty years--by Democrats and Republicans alike--to dismantle the regulatory state that first appeared under FDR. Argues that the war against regulation failed and that its excesses remind us of the value and proper role of regulation in American government.
Download or read book The Regulators written by Cindy Skrzycki and published by Rowman & Littlefield Publishers. This book was released on 2003-02-25 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulators is a fresh look at how the regulatory system works in Washington and how it affects the life of every American. The book, an incisive and sometimes entertaining look at the back corridors of government, draws upon real-life regulatory episodes that illustrate the power and reach of the rule-making establishment in Washington. It's the first examination of the regulatory world, and the entities that interact with it, that is both accessible and indispensable to undergraduate, graduate, business, and law students, as well as regulatory practitioners and political junkies alike.
Download or read book Rulemaking written by Cornelius M. Kerwin and published by CQ Press. This book was released on 2018-06-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking new edition of their highly regarded text, authors Cornelius M. Kerwin and Scott R. Furlong help you grasp the dynamics of today’s American politics by showing you how rulemaking remains an elemental part of our government system. Rulemaking, Fifth Edition, brings concepts to life with the inclusion of new data, a fresh analysis of interest group participation, and new coverage of the Trump administration’s actions from executive orders and key personnel to agencies’ responses to changes. An invaluable and accessible guide to an intensely political process, this much-anticipated edition contains the most current scholarship on a crucial yet understudied subject. New to the Fifth Edition New scholarship from the past five to six years provides you with the latest research and analysis in rulemaking. Updated information on the Obama administration and the beginning of the Trump Administration puts rulemaking in context and demonstrates how different administrations use this tool. New tables and charts reflect the most recent data available to better illustrate the trends and patterns of rulemaking.
Download or read book Administrative Law for Public Managers written by David H. Rosenbloom and published by Taylor & Francis. This book was released on 2022-08-23 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the essentials that public administration students and public managers should know about administrative law—why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law’s formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review of administrative activity. Author David Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and US democratic-constitutionalism. Organized around federal administrative law while including material on state practices where appropriate, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. This thoroughly revised third edition includes: Separate chapters on the constitutional frameworks for administrative authority and individual constitutional rights in the contemporary administrative state Inclusion of newer court decisions and examples throughout the text Treatment of Donald J. Trump’s presidency and President Joseph R. Biden Jr.’s first year in office Greater attention to guidance documents, administrative "dark matter," and the Congressional Review Act Thorough updating and refreshing of the text, suggested additional readings, and chapter discussion questions. Written in a reader-friendly style, Administrative Law for Public Managers, 3rd Edition is an ideal introduction to the subject for students in public administration, public policy, American government, law and practicing public managers alike.
Download or read book Developments in Administrative Law and Regulatory Practice written by and published by American Bar Association. This book was released on 2001 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book By Order of the President written by Phillip J. Cooper and published by University Press of Kansas. This book was released on 2014-12-05 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and citizens alike have endlessly debated the proper limits of presidential action within our democracy. In this revised and expanded edition, noted scholar Phillip Cooper offers a cogent guide to these powers and shows how presidents from George Washington to Barack Obama have used and abused them in trying to realize their visions for the nation. As Cooper reveals, there has been virtually no significant policy area or level of government left untouched by the application of these presidential “power tools.” Whether seeking to regulate the economy, committing troops to battle without a congressional declaration of war, or blocking commercial access to federal lands, presidents have wielded these powers to achieve their goals, often in ways that seem to fly in the face of true representative government. Cooper defines the different forms these powers take—executive orders, presidential memoranda, proclamations, national security directives, and signing statements—demonstrates their uses, critiques their strengths and dangers, and shows how they have changed over time. Cooper calls on events in American history with which we are all familiar but whose implications may have escaped us. Examples of executive action include, Washington’s “Neutrality Proclamation”; Lincoln’s Emancipation Proclamation; the more than 1,700 executive orders issued by Woodrow Wilson in World War I; FDR also issued the order to incarcerate Japanese Americans during World War II; Truman’s orders to desegregate the military; Eisenhower’s numerous national security directives. JFK’s order to control racial violence in Alabama. As Cooper demonstrates in his balanced treatment of these and subsequent presidencies, each successive administration finds new ways of using these tools to achieve policy goals—especially those goals they know they are unlikely to accomplish with the help of Congress. A key feature of the second edition are case studies on the post-9/11 evolution of presidential direct action in ways that have drawn little public attention. It clarifies the factors that make these policy tools so attractive to presidents and the consequences that can flow from their use and abuse in a post-9/11 environment. There is an important new chapter on “executive agreements” which, though they are not treaties within the meaning of the U.S. Constitution and not subject to Senate ratification, appear in many respects to be rapidly replacing treaties as instruments of foreign policy.
Download or read book Administrative Law written by J. Robert Brown and published by Aspen Publishing. This book was released on 2022-01-31 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in an accessible, straightforward style, Administrative Law: A Casebook, Tenth Edition focuses on the basic principles of administrative law using a traditional cases-and-notes pedagogy, flexible organization, and examination-length problems at the end of each substantive chapter. This book emphasizes the actual practice of administrative law, highlighting aspects of the law that will help students later as attorneys practicing before federal or state administrative agencies. Notes after cases focus on questions that would be asked by lawyers practicing in the area. End of chapter problems help to accentuate the types of problems confronted by practitioners. New to the Tenth Edition: Full coverage of recent developments, including new appointment and removal cases: Lucia, Seila Law, and Arthrex, plus accompanying notes; the newest developments regarding the doctrine of nondelegation including the Gundy case and Justice Gorsuch’s dissenting opinion; new treatment of the doctrine of exhaustion of administrative remedies; the newest developments dealing with standard of review including the DACA and Department of Commerce v. New York cases; the newest developments regarding Chevron and Auer deference, including the Pereira and Kisor Updated coverage of developments involving rulemaking. A new procedural due process case involving the emergency exception in the context of the COVID-19 pandemic. Cases and materials relating to state administrative law with an emphasis on California & New York. An edited and shortened chapter on administrative hearings. Professors and students will benefit from: A chronological approach that shows the procedural course of administrative law in actual practice A broad range of state cases, both classic and current Balanced coverage that gives students valuable exposure to the state level where most administrative law issues are handled in practice, in addition to the standard treatment of federal law Flexible organization beginning with an overview of administrative law and its agencies to allow instructors to easily adapt the book to individual course needs Clear, accessible writing style that facilitates student learning Excellent notes and explanatory material A casebook that pays careful attention to explanation, helping students with even complex areas of administrative law An examination-length problem at the end of each substantive chapter Teaching materials include: Comprehensive Teacher’s Manual with model answers and extensive materials related to teaching administrative law as a simulation course
Download or read book A Guide to Federal Agency Rulemaking written by Jeffrey S. Lubbers and published by American Bar Association. This book was released on 2006 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
