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: 9781594488238
Release Date: 2018
Genre: Biography & Autobiography

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. This is the astonishing true story of how a roughcut 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.

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.

The Workplace Constitution from the New Deal to the New Right

Author: Sophia Z. Lee
Publisher: Cambridge University Press
ISBN: 9781316061190
Release Date: 2014-10-31
Genre: History

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.

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.

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

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.

The Yale Biographical Dictionary of American Law

Author: Roger K. Newman
Publisher: Yale University Press
ISBN: 9780300113006
Release Date: 2009
Genre: Biography & Autobiography

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O’Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

True Security

Author: Michael J. Graetz
Publisher: Yale University Press
ISBN: 0300081944
Release Date: 1999
Genre: Political Science

Social insurance in the United States-including the Social Security Act of 1935 and the Medicare, Medicaid, and disability insurance programs that were added later-may be the greatest triumph of American domestic policy. But true security has not been achieved. As Michael J. Graetz and Jerry L. Mashaw show in this pathbreaking book, the nation's system of social insurance is riddled with gaps, inefficiencies, and inequities. Even the most popular and successful programs, Medicare and Social Security, face serious financial challenges from the coming retirement of the baby boom generation and the aging of the population. This book challenges the notion that American social insurance must remain inadequate, unaffordable, or both. In sharp contrast to policymakers and analysts who debate only one income security program at a time, Graetz and Mashaw examine social insurance whole to assess its crucial role in providing economic security in a dynamic market economy. They recognize that, notwithstanding a proper emphasis on individual freedom and responsibility, Americans share a common fate that binds them together in a common enterprise. The authors offer us a new vision of the social insurance contract and concrete proposals to make the nation's families more secure without increasing costs.

Lawtalk

Author: James E. Clapp
Publisher: Yale University Press
ISBN: 9780300172461
Release Date: 2011-11-22
Genre: Law

Law-related words and phrases abound in our everyday language, often without our being aware of their origins or their particular legal significance: boilerplate, jailbait, pound of flesh, rainmaker, the third degree. This insightful and entertaining book reveals the unknown stories behind familiar legal expressions that come from sources as diverse as Shakespeare, vaudeville, and Dr. Seuss. Separate entries for each expression follow no prescribed formula but instead focus on the most interesting, enlightening, and surprising aspects of the words and their evolution. Popular myths and misunderstandings are explored and exploded, and the entries are augmented with historical images and humorous sidebars. Lively and unexpected, Lawtalk will draw a diverse array of readers with its abundance of linguistic, legal, historical, and cultural information. Those readers should be forewarned: upon finishing one entry, there is an irresistible temptation to turn to another, and yet another.

The Tragedy of William Jennings Bryan

Author: Gerard N. Magliocca
Publisher: Yale University Press
ISBN: 9780300153149
Release Date: 2011-06-28
Genre: History

Looks at how William Jennings Bryan's attempts to reach the White House invigorated conservatives across the United States and changed approaches to constitutional law.

The Stakeholder Society

Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 9780300147674
Release Date: 2008-10-01
Genre: Law

A quarter century of trickle-down economics has failed. Economic inequality in the United States has dramatically increased. Many, alas, seem resigned to this growing chasm between rich and poor. But what would happen, ask Bruce Ackerman and Anne Alstott, if America were to make good on its promise of equal opportunity by granting every qualifying young adult a citizen's stake of eighty thousand dollars? Ackerman and Alstott argue that every American citizen has the right to share in the wealth accumulated by preceding generations. The distribution of wealth is currently so skewed that the stakeholding fund could be financed by an annual tax of two percent on the property owned by the richest forty percent of Americans. Ackerman and Alstott analyze their initiative from moral, political, economic, legal, and human perspectives. By summoning the political will to initiate stakeholding, they argue, we can achieve a society that is more democratic, productive, and free. Their simple but realistic plan would enhance each young adult's real ability to shape his or her own future. It is, in short, an idea that should be taken seriously by anyone concerned with citizenship, welfare dependency, or social justice in America today.

Federalism on Trial

Author: Paul Nolette
Publisher:
ISBN: 0700620893
Release Date: 2015-02
Genre: Political Science

"Federalism on Trial" examines the increasingly nationalized political activism of state attorneys general. Focusing on their coordinated state litigation as a form of national policymaking, the book challenges common assumptions about the contemporary nature of American federalism.