Edited by a leading public law scholar at Yale Law School,
Foundations of Administrative Law is the first major reader in the field since the 1970s. It provides 42 readings on the administrative process by prominent legal scholars, political scientists, economists, sociologists, and judges. Offering a rich variety of intellectual perspectives and methodologies, the text examines historical, theoretical, statutory, and comparative aspects of administrative law. Major topics include the theoretical and historical foundations of the administrative state, the federal and state Administrative Procedure Acts, the determinants of agency behavior, different models of procedural justice and effective governance, the control of administrative discretion, comparative administrative process, and the future of the administrative state. Each chapter contains an introduction, notes, questions, and bibliographic references.
This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Tort Law (Saul Levmore, Editor), Foundations of Corporate Law (Roberta Romano, Editor), and Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors).
Introduction
I. The Theoretical Foundations of the Administrative State
The Administrative Process, James Landis
Regulation and Its Reform, Stephen Breyer
A Theory of Nonmarket Failures, Charles Wolf
A Civic Republican Justification for the Bureaucratic State
Notes and Questions
II. The Historical Foundations of the Administrative State
Building a New American State: The Expansion of National Administrative Capacities, 1877-1920, Stephen Skowronek
Federal Regulation in Historical Perspective, Robert Rabin
Notes and Questions
III. The Administrative Procedure Act
Factions, Self-Interest, and the APA: Four Lessons Since 1946, Cass Sunstein
APA: Past, Present, Future, Martin Shapiro
State Law in the Teaching of Administrative Law: A Critical Analysis of the Status Quo, Arthur Bonfield
Notes and Questions
IV. The Determinants of Agency Behavior
Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development
"The Politics of Bureaucratic Structure", Terry Moe
"Beliefs", James Q. Wilson
The Science of "Muddling Through", Charles Lindblom
Notes and Questions
V. Models of Procedural Justice and Effective Governance
Due Process in the Administrative State, Jerry Mashaw
A Theory of Procedure, John Thibaut and Laurens Walker
The New Property, Charles Reich
Reflections on "The New Property", Robert Rabin
When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy Through an Exceptions Process, Peter Schuck
Adversarial Legalism and American Government, Robert Kagan
Notes and Question
VI. Controlling Administrative Discretion
1. The Problem of Administrative Discretion
Discretionary Justice, Kenneth Davis
The End of Liberalism, Theodore Lowi
Prodelegation: Why Administrators Should Make Political Decisions
Notes and Questions
2. Review by Courts and Specialized Tribunals
Public Programs and Private Rights, Richard Stewart and Cass Sunstein
Statutory Interpretation and the Balance of Power in the Administrative State, Cynthia Farina
Administrative Law and Bureaucratic Reality, R. Shep Melnick
To the Chevron Station: An Empirical Study of Federal Administrative Law, Peter Schuck and E. Donald Elliott
Specialized Courts in Administrative Law, Harold Bruff
Notes and Questions
3. Presidential and Congressional Review
The Place of Agencies in Government: Separation of Powers and the Fourth Branch, Peter Strauss
OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation, Alan Morrison
White House Review of Agency Rulemaking, Christopher Demuth and Douglas Ginsburg
"Micromanangement by Congress: Reality and Mythology", Louis Fisher
Notes and Questions
4. Internal Controls: Management, Culture, and Professional Norms
The Management Side of Due Process, Jerry Mashow
"Culture" and "Compliance", James Q. Wilson
Legality, Bureaucracy, and Class in the Welfare System, William Simon
Notes and Questions
5. Public Participation
The Reformation of American Administrative Law, Richard Stewart
Bureaucratic Justice: Managing Social Security Disability Claims, Jerry Mashaw
The Role of Courts in Regulatory Negotition-- Response to Judge Wald, Philip Harter
Notes and Questions
6. Market-Oriented Controls
Privatization: Politics, Law, and Theory, Ronald Cass
Notes and Questions
VII. Comparative Administrative Law
"National Differences", James Q. Wilson
Comparative Law, Rudolph Schlesinger, Hans Baade, Mirjan Damaska, and Peter Herzog
Notes
VIII. The Future of Administrative Law
Administrative Discretion: The Next Stage, Martin Shapiro
The Dis-Integration of Administrative Law: A Comment on Shapiro
Notes and Questions