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Administrative Law Controls on the Delegate

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the extent to which administrative law obligations are extended to private delegates of governmental power. Part One presents a short overview of the variety of sources of ... More


Changing the Venue: The Quasi-Judicial Realm of the Administrative State

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0005
Subject:
Political Science, American Politics

This chapter examines the growth of the administrative state (and particularly agency adjudication) as a mechanism for moving the resolution of political, legal, and policy disputes away from the ... More


Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than ... More


The Open Road?: Navigating Public Administration and the Failed Promise of Administrative Law

Elizabeth Fisher

in The Foundations and Future of Public Law: Essays in Honour of Paul Craig

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198845249
eISBN:
9780191880537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845249.003.0011
Subject:
Law, Constitutional and Administrative Law

Administrative law has struggled to be what it axiomatically should be—the law of public administration. In this chapter I examine two ‘administrative moments’ in the history of Anglo-American ... More


The Institutional Architecture of Progressive Democracy: From the New Deal to the Second Reconstruction

Blake Emerson

in The Public's Law: Origins and Architecture of Progressive Democracy

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190682873
eISBN:
9780190682903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682873.003.0004
Subject:
Law, Philosophy of Law

This chapter describes examples of Progressive administration from the New Deal and the Second Reconstruction. This account explores the tension between public deliberation in the administrative ... More


The Normative Architecture of Progressive Democracy: Reconstructing the Administrative State

Blake Emerson

in The Public's Law: Origins and Architecture of Progressive Democracy

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190682873
eISBN:
9780190682903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682873.003.0005
Subject:
Law, Philosophy of Law

This chapter develops a normative model of Progressive democracy on the basis of the intellectual and institutional history presented in the previous chapters. The Progressive theory remedies ... More


6 Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than ... More


The Structure of American Law: Executing Policy

Lawrence M. Friedman and Grant M. Hayden

in American Law: An Introduction

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190460587
eISBN:
9780190460624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190460587.003.0006
Subject:
Law, Comparative Law

This chapter examines the executive branch and the role of administrative law. It begins with a history of the rise of the administrative state. Next, it lays out a typology of administrative bodies, ... More


The Nuts and Bolts of Notice-and-Comment

Rachel Augustine Potter

in Bending the Rules: Procedural Politicking in the Bureaucracy

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226621609
eISBN:
9780226621883
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226621883.003.0002
Subject:
Political Science, American Politics

Chapter 2 describes the nature and the process of notice-and-comment rulemaking. The rules governing rulemaking are arcane; indeed, their very arcaneness is central to the book’s theory. But, because ... More


Administrative Challenges

Scott Burris, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday

in The New Public Health Law: A Transdisciplinary Approach to Practice and Advocacy

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190681050
eISBN:
9780190681081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190681050.003.0014
Subject:
Public Health and Epidemiology, Public Health

This chapter introduces the basic elements of administrative law and some key related legal doctrines. It covers administrative procedures acts that govern how agencies make or promulgate regulations ... More


Politics and Regulation

Michael A. Livermore and Richard L. Revesz

in Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health

Published in print:
2021
Published Online:
November 2020
ISBN:
9780197539446
eISBN:
9780197539477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197539446.003.0002
Subject:
Law, Constitutional and Administrative Law

One of the defining features of politics in the contemporary United States is the central role played by the actions, or inactions, of federal administrative agencies. The complex nature of many ... More


LBJ and the politics of passing FOIA

Kevin M. Baron

in Presidential Privilege and the Freedom of Information Act

Published in print:
2019
Published Online:
January 2020
ISBN:
9781474442442
eISBN:
9781474465281
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474442442.003.0005
Subject:
Political Science, Political Theory

Lyndon Johnson's ascension to the presidency following Kennedy's death created the political space for one of the most productive policymaking periods in US history. The politics of this moment ... More


Future Directions

Michael A. Livermore and Richard L. Revesz

in Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health

Published in print:
2021
Published Online:
November 2020
ISBN:
9780197539446
eISBN:
9780197539477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197539446.003.0012
Subject:
Law, Constitutional and Administrative Law

Although the system of guardrails developed over the past several decades to balance the competing demands of competent administration and accountability to the political process was far from ... More


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