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: LAW

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.

Administrative Law from the Inside Out

Author: Nicholas Parrillo
Publisher: Cambridge University Press
ISBN: 9781107159518
Release Date: 2017-03-23
Genre: Law

This collection of essays interrogate and extend the work of Jerry Mashaw, the most boundary-pushing scholar in the field of administrative law.

Law and Judicial Duty

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 9780674038196
Release Date: 2009-06-30
Genre: Law

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

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.

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

Deconstructing the Administrative State

Author: Emmett McGroarty
Publisher: Liberty Hill Publishing
ISBN: 1545621667
Release Date: 2017-12-19

This book discusses a battle of ideologies that has lasted over a century and continues today, pitting those who defend the American Experiment and the constitutional structure against those who seek to replace that structure with one that empowers them to implement their ideas with little or no popular input. Progressives want governance by experts - bureaucrats with administrative power to make political judgments on how people must live, thereby narrowing the realm of their liberty. They expand the administrative state and create an identity of interest with Big Business. Both groups want an ever-expanding government: one motivated by power, the other by money. For its part, Big Business has set up camp on Capitol Hill, lavishly funding establishment politicians, of both parties, who rationalize the need for campaign money to the detriment of waging the good fight. Together, politicians and their cronies elbow the citizen off the policy-making stage. However, this state of affairs is kindling the passions of the constitutional structure's greatest "check" on government excess - the American people. This is a fight that can be won. Deconstructing the Administrative State offers the blueprint for victory. Emmett McGroarty is a senior fellow at the American Principles Project Foundation (APPF). He is a graduate of Georgetown University and Fordham School of Law. Jane Robbins is a senior fellow at APPF. She is a graduate of Clemson University (the 2016 national football champions) and Harvard Law School. Erin Tuttle is a policy analyst at APPF and a graduate of Indiana University.

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


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 Colorado Doctrine

Author: David Schorr
Publisher: Yale University Press
ISBN: 9780300189049
Release Date: 2012-11-27
Genre: Law

DIV Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice. /div

The Upside Down Constitution

Author: Michael S. Greve
Publisher: Harvard University Press
ISBN: 9780674063228
Release Date: 2012-02-15
Genre: Political Science

The Constitution’s vision of federalism in which local, state, and federal government compete to satisfy preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion and dispels much received wisdom along the way.