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Administrative Law from the Inside Out


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 (ISBN-13: 9781316984260)

For a generation, Jerry Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws. American Administrative Law from the Inside Out brings together a collection of twenty-one essays from leading scholars that interrogate, debate, and expand on themes in Mashaw's work as well as on the fundamental premises of their field. Mashaw has illuminated new ways of seeing administrative law, composed sweeping indictments of its basic principles, and built bridges to other disciplines. The contributors to this volume provide a collective account of administrative law's commitments, possibilities, limitations, and strains as an approach to governance and as an intellectual enterprise.

• Contributions from twenty-three scholars of administrative law give readers a solid overview of the field and an analysis of current issues • Examines the work of Jerry Mashaw, the leading scholar in his field, appealing to researchers and students of administrative law and legal theory • This collection of original essays is incomparable in the field of administrative law, being invaluable for both students and academics


Introduction: Jerry Mashaw's creative tension with the field of administrative law Nicholas R. Parrillo; Part I. An Internal Law of Administration: 1. Jerry 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 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 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.


Nicholas R. Parrillo, Thomas W. Merrill, Charles F. Sabel, William H. Simon, Peter L. Strauss, Sophia Z. Lee, Mariano-Florentino Cuéllar, Gillian E. Metzger, Kevin M. Stack, Peter M. Shane, Richard L. Revesz, Paul Verkuil, Robert A. Kagan, David Zaring, Robert L. Rabin, Richard J. Pierce, Jr, Daniel Carpenter, William J. Novak, Edward Rubin, Nina A. Mendelson, Jon D. Michaels, Richard B. Stewart, Jerry L. Mashaw

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