Foundations of administrative law

목차 (Table of Contents)

• CONTENTS
• Introduction = 3
• Ⅰ The Theoretical Foundations of the Administrative State = 9
• The Administrative Process / James Landis = 13
• Regulation and Its Reform / Stephen Breyer = 17
• A Theory of Nonmarket Failures / Charles Wolf = 22
• A Civic Republican Justification for the Bureaucratic State / Mark Seidenfeld = 25
• Notes and Questions = 27
• Ⅱ The Historical Foundations of Administrative Law = 31
• Building a New American State: The Expansion of National Administrative Capacities, 1877-1920 / Stephen Skowronek = 33
• Federal Regulation in Historical Perspective / Robert Rabin = 39
• Notes and Questions = 49
• Ⅲ The Administrative Procedure Act = 53
• Factions, Self-Interest, and the APA: Four Lessons Since 1946 / Cass Sunstein = 55
• APA: Past, Present, Future/ Martin Shapiro = 60
• State Law in the Teaching of Administrative Law: A Critical Analysis of the Status Quo / Arthur Bonfield = 69
• Notes and Questions = 72
• Ⅳ The Determinants of Agency Behavior = 75
• Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development / Jerry Mashaw = 77
• “The Politics of Bureaucratic Structure” / Terry Moe = 89
• “Beliefs” / James Q. Wilson = 95
• The Science of “Muddling Through” / Charles Lindblom = 104
• Notes and Questions = 108
• Ⅴ Models of Procedural Justice and Effective Governance = 111
• Due Process in the Administrative State / Jerry Mashaw = 113
• A Theory of Procedure / John Thibaut ; Laurens Walker = 115
• The New Property / Charles Reich = 119
• Reflections on “The New Property” / Robert Rabin = 123
• When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy Through an Exceptions Process / Peter Schuck = 125
• Adversarial Legalism and American Government / Robert Kagan = 135
• Notes and Questions = 151
• Ⅵ Controlling Administrative Discretion = 155
• 1. The Problem of Administrative Discretion = 163
• Discretionary Justice / Kenneth Davis = 163
• The End of Liberalism / Theodore Low = 166
• Prodelegation: Why Administrators Should Make Political Decisions / Jerry Mashaw= 177
• Notes and Questions = 183
• 2. Review by Courts and Specialized Tribunals = 186
• Public Programs and Private Rights / Richard Stewart ; Cass Sunstein, = 186
• Statutory Interpretation and the Balance of Power in the Administrative State / Cynthia Farina = 193
• Administrative Law, and Bureaucratic Reality / R. Shep Melnick = 200
• To the Chevron Station: An Empirical Study of Federal Administrative Law / Peter Schuck ; E. Donald Elliott = 212
• Specialized Courts in Administrative Law / Harold Bruff = 218
• Notes and Questions = 227
• 3. Presidential and Congressional Review = 231
• The Place of Ageticies in Government: Separation of Powers and the Fourth Branch / Peter Strauss = 231
• OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation / Alan Morrison = 241
• White House Review of Agency Rulemaking / Christopher DeMuth ; Douglas Ginsburg, = 245
• “Micromanagement by Congress: Reality and Mythology” / Louis Fisher = 248
• Notes and Questions = 257
• 4. Internal Controls: Management, Culture, and Professional Norms = 260
• The Management Side of Due Process / Jerry Mashaw = 260
• “Culture” and “Compliance” / James 0. Wilson = 269
• Legality, Bureaucracy, and Class in the Welfare System / William Simon = 274
• Notes and Questions = 288
• 5. Public Participation = 290
• The Reformation of American Administrative Law / Richard Stewart = 290
• Bureaucratic Justice : Managing Social Security Disability Claims / Jerry Mashaw = 297
• The Role of Courts in Regulatory Negotiation-A Response to judge Wald / Philip Harter= 301
• Notes and Questions = 310
• 6. Market-Oriented Controls = 312
• Privatization : Politics, Law, and Theory / Ronald Cass = 312
• Notes and Questions = 318
• Ⅶ Comparative Administrative Process = 321
• “National Differences” / James Q. Wilson = 323
• Hans Baade ; Mirjan Damaska ; Peter Herzog; Comparative Law / Rudolph Schlesinger = 338
• Notes = 361
• Ⅷ The Future of Administrative Law = 363
• Administrative Discretion: The Next Stage / Martin Shapiro = 365
• The Dis-Integration of Administrative Law: A Comment on Shapiro / E. Donald Elliott = 380
• Notes and Questions = 384