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Bureaucratic Justice

Bureaucratic Justice
Author: Jerry L. Mashaw
Publisher: Yale University Press
Total Pages: 260
Release: 1983-01-01
Genre: Law
ISBN: 9780300034035

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Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies


Bureaucratic Justice

Bureaucratic Justice
Author: W. Boyd Littrell
Publisher: SAGE Publications, Incorporated
Total Pages: 292
Release: 1979-12
Genre: Law
ISBN:

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Administrative Law

Administrative Law
Author: Christopher F. Edley
Publisher: Yale University Press
Total Pages: 288
Release: 1992-07-29
Genre: Law
ISBN: 9780300052534

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This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.


Usual Cruelty

Usual Cruelty
Author: Alec Karakatsanis
Publisher: The New Press
Total Pages: 130
Release: 2019-10-29
Genre: Law
ISBN: 1620975289

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From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.


Bureaucracy

Bureaucracy
Author: James Q. Wilson
Publisher: Hachette UK
Total Pages: 464
Release: 2019-08-13
Genre: Political Science
ISBN: 1541646258

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The classic book on the way American government agencies work and how they can be made to work better -- the "masterwork" of political scientist James Q. Wilson (The Economist) In Bureaucracy, the distinguished scholar James Q. Wilson examines a wide range of bureaucracies, including the US Army, the FBI, the CIA, the FCC, and the Social Security Administration, providing the first comprehensive, in-depth analysis of what government agencies do, why they operate the way they do, and how they might become more responsible and effective. It is the essential guide to understanding how American government works.


Street-Level Bureaucracy

Street-Level Bureaucracy
Author: Michael Lipsky
Publisher: Russell Sage Foundation
Total Pages: 263
Release: 1983-06-29
Genre: Political Science
ISBN: 1610443624

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Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.


Responsive Legality

Responsive Legality
Author: Zach Richards
Publisher: Routledge
Total Pages: 142
Release: 2018-08-06
Genre: Law
ISBN: 0429953054

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Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.


What Motivates Bureaucrats?

What Motivates Bureaucrats?
Author: Marissa Martino Golden
Publisher: Columbia University Press
Total Pages: 252
Release: 2000-10-06
Genre: Political Science
ISBN: 0231106971

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-- Political Science Quarterly


Bureaucratic Politics and Foreign Policy

Bureaucratic Politics and Foreign Policy
Author: Morton H. Halperin
Publisher: Rowman & Littlefield
Total Pages: 416
Release: 2007-02-01
Genre: Political Science
ISBN: 0815734107

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The first edition of Bureaucratic Politics and Foreign Policy is one of the most successful Brookings titles of all time. This thoroughly revised version updates that classic analysis of the role played by the federal bureaucracy—civilian career officials, political appointees, and military officers—and Congress in formulating U.S. national security policy, illustrating how policy decisions are actually made. Government agencies, departments, and individuals all have certain interests to preserve and promote. Those priorities, and the conflicts they sometimes spark, heavily influence the formulation and implementation of foreign policy. A decision that looks like an orchestrated attempt to influence another country may in fact represent a shaky compromise between rival elements within the U.S. government. The authors provide numerous examples of bureaucratic maneuvering and reveal how they have influenced our international relations. The revised edition includes new examples of bureaucratic politics from the past three decades, from Jimmy Carter's view of the State Department to conflicts between George W. Bush and the bureaucracy regarding Iraq. The second edition also includes a new analysis of Congress's role in the politics of foreign policymaking.


From the Inside Out

From the Inside Out
Author: Jill Lindsey Harrison
Publisher:
Total Pages: 328
Release: 2019
Genre: Administrative agencies
ISBN: 9780262355414

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