Description
Book SynopsisThis collection of twenty-one essays on administrative law provides a snapshot of cutting-edge thinking in this important field, which forms part of the practice of a large portion of the legal profession and affects the lives of all Americans from air quality to car safety and to social security.
Table of ContentsIntroduction: Jerry L. Mashaw's creative tension with the field of administrative law Nicholas R. Parrillo; Part I. An Internal Law of Administration: 1. Jerry L. Mashaw, the due process revolution, and the limits of judicial power Thomas W. Merrill; 2. The management side of due process in the service-based welfare state Charles F. Sabel and William H. Simon; 3. Jerry L. Mashaw and the public law curriculum Peter L. Strauss; 4. From the history to the theory of administrative constitutionalism Sophia Z. Lee; 5. Cyberdelegation and the administrative state Mariano-Florentino Cuéllar; Part II. Internal Law and the President: 6. Internal administrative law before and after the APA Gillian E. Metzger and Kevin M. Stack; 7. Boundary disputes: Jerry L. Mashaw's anti-formalism, constitutional interpretation and the Unitary Presidency Peter M. Shane; 8. Cost-benefit analysis of financial regulation: an institutional perspective Richard L. Revesz; Part III. Adjudication and Divergent Models of Justice: 9. Meeting the Mashaw test for consistency in administrative decisionmaking Paul Verkuil; 10. Varieties of bureaucratic justice: building on Mashaw's typology Robert A. Kagan; 11. Enforcement adjudication at the SEC David Zaring; Part IV. The Agency and its External Environment: 12. Pathways to auto safety: assessing the role of the national highway traffic safety administration Robert L. Rabin; 13. A comparison of the cultures and performance of a modern agency and a nineteenth century agency Richard J. Pierce, Jr; Part V. Remapping the Administrative State's Development: 14. On the emergence of the administrative petition: innovations in nineteenth-century indigenous North America Daniel Carpenter; 15. Putting the 'public' in public administration: the rise of the public utility idea William J. Novak; 16. Lochner and property Edward Rubin; Part VI. 'The Agency' as More than a Black Box: 17. Supervising outsourcing: the need for better design of blended governance Nina A. Mendelson; 18. Government market participation as conflicted government Jon D. Michaels; 19. State regulatory capacity and administrative: law and governance under globalization Richard B. Stewart; Conclusion. The inside out perspective: a first person account Jerry L. Mashaw.
