Creating the Administrative Constitution

Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 9780300183474
Release Date: 2012-06-26
Genre: Law

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."

Without Precedent

Author: Joel Richard Paul
Publisher: Penguin
ISBN: 9780525533276
Release Date: 2018-02-20
Genre: Biography & Autobiography

The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Against the Profit Motive

Author: Nicholas R. Parrillo
Publisher: Yale University Press
ISBN: 9780300176582
Release Date: 2013-10-22
Genre: History

DIVIn America today, a public official’s lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government’s “for-profit” past, to discover how profit-seeking defined officials’ relationship to the citizenry, and to explain how lawmakers—by banishing the profit motive in favor of the salary—transformed that relationship forever./div

Representing Justice

Author: Judith Resnik
Publisher: Yale University Press
ISBN: 9780300110968
Release Date: 2011
Genre: History

By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice—courthouses—the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy. The authors analyze how Renaissance “rites” of judgment turned into democratic “rights,” requiring governments to respect judicial independence, provide open and public hearings, and accord access and dignity to “every person.” With over 220 images, readers can see both the longevity of aspirations for justice and the transformation of courts, as well as understand that, while venerable, courts are also vulnerable institutions that should not be taken for granted.

Bureaucratic Justice

Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 0300034032
Release Date: 1985-03-01
Genre: Law

Mashaw has taken ...the Social Security Administration's handling of disability claims ...and from it has drawn, not only a microsopic account and appraisal of SSA's methods and problems, but also a generalized and philosophic inquiry into the nature of the 'justice' such an agency, bureaucratically organized, can dispense. He provides an unorthodox redefinition of what the administrative law that matters is, and fresh insights inot why it matters and how it develops...Brilliant.-Harvey C. Mansfield, Perspective

Tocqueville s Nightmare

Author: Daniel R. Ernst
Publisher: Oxford University Press (UK)
ISBN: 9780199920860
Release Date: 2014
Genre: History

De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.

Inventing American Exceptionalism

Author: Amalia D. Kessler
Publisher: Yale University Press
ISBN: 9780300198072
Release Date: 2017-01-10

A highly engaging account of the developments--not only legal, but also socioeconomic, political, and cultural--that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

Greed Chaos and Governance

Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 0300078706
Release Date: 1999-01-01
Genre: Law

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.

The Origins of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 0300116004
Release Date: 2008-01
Genre: History

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Young Poor and Pregnant

Author: Judith S. Musick
Publisher: Yale University Press
ISBN: 0300061951
Release Date: 1995
Genre: Psychology

Annotation Teenage mothers are often poor young girls who define themselves through motherhood and who see getting pregnant as less frightening than finishing school or getting a job. In this book an expert on adolescent pregnancy discusses how psychological pressures of adolescence interact with the problems of being poor to create a situation in which early sexuality, pregnancy, and childbearing - often repeated childbearing - seem almost inevitable. Drawing on her experience as founding director of one of the nation's largest and most successful programs for teenage mothers, Judith Musick sheds new light on what is required to significantly improve the life chances of teenage mothers and their children. Frequently quoting from the diaries of teenage mothers themselves, Musick looks at the family and community problems that accompany poverty and shows how they influence the psychological development of young girls, examines the sexual socialization (and exploitation) of disadvantaged females, and analyzesthe role played by mother-daughter relationships. She describes how adolescents feel about and raise their children. Musick concludes by recommending strategies for intervention programs that will help promote the developmental, psychological, and environmental conditions necessary for teenage mothers to change their lives.

Politics and the Constitution in the History of the United States

Author: William W. Crosskey
Publisher: University of Chicago Press
ISBN: 0226121348
Release Date: 1980-11-01
Genre: Law

When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.

An Introduction to the Philosophy of Law

Author: Roscoe Pound
Publisher: Transaction Publishers
ISBN: 1412817188
Release Date: 1974
Genre: Law

Roscoe Pound ranks as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound's scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities--including liability law, contract law, and property law--is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.

The Administrative State

Author: Dwight Waldo
Publisher: Routledge
ISBN: 9781351486330
Release Date: 2017-09-04
Genre: Political Science

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

The Invention of News

Author: Andrew Pettegree
Publisher: Yale University Press
ISBN: 9780300206227
Release Date: 2014-03-25
Genre: History

DIVLong before the invention of printing, let alone the availability of a daily newspaper, people desired to be informed. In the pre-industrial era news was gathered and shared through conversation and gossip, civic ceremony, celebration, sermons, and proclamations. The age of print brought pamphlets, edicts, ballads, journals, and the first news-sheets, expanding the news community from local to worldwide. This groundbreaking book tracks the history of news in ten countries over the course of four centuries. It evaluates the unexpected variety of ways in which information was transmitted in the premodern world as well as the impact of expanding news media on contemporary events and the lives of an ever-more-informed public. Andrew Pettegree investigates who controlled the news and who reported it; the use of news as a tool of political protest and religious reform; issues of privacy and titillation; the persistent need for news to be current and journalists trustworthy; and people’s changed sense of themselves as they experienced newly opened windows on the world. By the close of the eighteenth century, Pettegree concludes, transmission of news had become so efficient and widespread that European citizens—now aware of wars, revolutions, crime, disasters, scandals, and other events—were poised to emerge as actors in the great events unfolding around them./div