Search Results for "independent-agencies-in-the-united-states-law-structure-and-politics"

Independent Agencies in the United States

Independent Agencies in the United States

Law, Structure, and Politics

  • Author: Marshall J. Breger,Gary J. Edles
  • Publisher: Oxford University Press, USA
  • ISBN: 0199812128
  • Category: Law
  • Page: 562
  • View: 4532
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It is essential for anyone involved in law, politics, and government, as well as students of the governmental process, to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and they cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector, and they have foreign analogues. In Independent Agencies in the United States, Marshall Breger and Gary Edles provide a full-length study of the structure and workings of federal independent regulatory agencies in the US. This book focuses on traditional multi-member agencies that have a significant impact on the American economy, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Commission, and the Federal Trade Commission. This work recognizes that the changing kaleidoscope of modern life has led Congress to create idiosyncratic administrative structures consisting of independent agencies squarely within the Executive Branch, including government corporations and government-sponsored enterprises, to establish a new construct of independence to meet the changing needs of the administrative state. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. This book also compares US with EU and certain UK independent agencies to offer a unique comparative perspective. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography of pertinent materials.

Politics and the Bureaucracy

Politics and the Bureaucracy

Policymaking in the Fourth Branch of Government

  • Author: Kenneth J. Meier,John Bohte
  • Publisher: Wadsworth Publishing Company
  • ISBN: 9780495007470
  • Category: Political Science
  • Page: 284
  • View: 5512
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This best-selling textbook is unique because of its focus on the political side of bureaucracy. Presenting bureaucracy as a political institution, this book covers the controls on bureaucracy and how bureaucracy makes policy. It is known for its current survey of the political science literature and interesting topical examples and case studies.

Unelected Power

Unelected Power

The Quest for Legitimacy in Central Banking and the Regulatory State

  • Author: Paul Tucker
  • Publisher: Princeton University Press
  • ISBN: 1400889510
  • Category: Business & Economics
  • Page: 656
  • View: 6503
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Guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good Central bankers have emerged from the financial crisis as the third great pillar of unelected power alongside the judiciary and the military. They pull the regulatory and financial levers of our economic well-being, yet unlike democratically elected leaders, their power does not come directly from the people. Unelected Power lays out the principles needed to ensure that central bankers, technocrats, regulators, and other agents of the administrative state remain stewards of the common good and do not become overmighty citizens. Paul Tucker draws on a wealth of personal experience from his many years in domestic and international policymaking to tackle the big issues raised by unelected power, and enriches his discussion with examples from the United States, Britain, France, Germany, and the European Union. Blending economics, political theory, and public law, Tucker explores the necessary conditions for delegated but politically insulated power to be legitimate in the eyes of constitutional democracy and the rule of law. He explains why the solution must fit with how real-world government is structured, and why technocrats and their political overseers need incentives to make the system work as intended. Tucker explains how the regulatory state need not be a fourth branch of government free to steer by its own lights, and how central bankers can emulate the best of judicial self-restraint and become models of dispersed power. Like it or not, unelected power has become a hallmark of modern government. This critically important book shows how to harness it to the people's purposes.

The Administrative State

The Administrative State

A Study of the Political Theory of American Public Administration

  • Author: Dwight Waldo
  • Publisher: Routledge
  • ISBN: 1351486330
  • Category: Political Science
  • Page: 251
  • View: 9943
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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

The Political Accountability of EU and US Independent Regulatory Agencies

The Political Accountability of EU and US Independent Regulatory Agencies

  • Author: Miroslava Scholten
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004262997
  • Category: Law
  • Page: 508
  • View: 2077
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The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of all 35 EU and 16 US independent agencies.

An Interpretive Guide to the Government in the Sunshine Act

An Interpretive Guide to the Government in the Sunshine Act

  • Author: Richard K. Berg,Stephen H. Klitzman,Gary J. Edles
  • Publisher: American Bar Association
  • ISBN: 9781590315842
  • Category: Law
  • Page: 360
  • View: 6310
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This updated edition reexamines the Sunshine Act since it was originally signed in 1977. The authors have analyzed more than 150 court decisions that have interpreted or mentioned the Act, and have reviewed the legal literature over the past 28 years.

Comparative Administrative Law

Comparative Administrative Law

Second Edition

  • Author: Susan Rose-Ackerman,Peter L. Lindseth,Blake Emerson
  • Publisher: Edward Elgar Publishing
  • ISBN: 178471867X
  • Category:
  • Page: 752
  • View: 728
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A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

The Rise of the Conservative Legal Movement: The Battle for Control of the Law

The Rise of the Conservative Legal Movement: The Battle for Control of the Law

The Battle for Control of the Law

  • Author: Steven M. Teles
  • Publisher: Princeton University Press
  • ISBN: 9780691146256
  • Category: Law
  • Page: 368
  • View: 2089
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Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America

  • Author: Richard Rothstein
  • Publisher: Liveright Publishing
  • ISBN: 1631492861
  • Category: Social Science
  • Page: 336
  • View: 3892
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"Rothstein has presented what I consider to be the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation." —William Julius Wilson In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation—that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods. The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

The Broken Branch

The Broken Branch

How Congress is Failing America and how to Get it Back on Track

  • Author: Thomas E. Mann,Norman J. Ornstein
  • Publisher: Oxford University Press
  • ISBN: 0195368711
  • Category: Political Science
  • Page: 298
  • View: 7428
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Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state

Madison's Nightmare

Madison's Nightmare

How Executive Power Threatens American Democracy

  • Author: Peter M. Shane
  • Publisher: University of Chicago Press
  • ISBN: 0226749428
  • Category: Political Science
  • Page: 256
  • View: 6020
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The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful?

  • Author: Philip Hamburger
  • Publisher: University of Chicago Press
  • ISBN: 022611645X
  • Category: Law
  • Page: 648
  • View: 3986
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Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Money and Banks in the American Political System

Money and Banks in the American Political System

  • Author: Kathryn C. Lavelle
  • Publisher: Cambridge University Press
  • ISBN: 1139851861
  • Category: Political Science
  • Page: N.A
  • View: 6933
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In Money and Banks in the American Political System, debates over financial politics are woven into the political fabric of the state and contemporary conceptions of the American dream. The author argues that the political sources of instability in finance derive from the nexus between market innovation and regulatory arbitrage. This book explores monetary, fiscal and regulatory policies within a political culture characterized by the separation of business and state, and mistrust of the concentration of power in any one political or economic institution. The bureaucratic arrangements among the branches of government, the Federal Reserve, executive agencies, and government sponsored enterprises incentivize agencies to compete for budgets, resources, governing authority and personnel.

Political Institutions

Political Institutions

  • Author: Allan G. Johnson
  • Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
  • ISBN: 9780697291080
  • Category: Political Science
  • Page: 28
  • View: 4207
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International Humanitarian NGOs and State Relations

International Humanitarian NGOs and State Relations

Politics, Principles and Identity

  • Author: Andrew J. Cunningham
  • Publisher: Routledge
  • ISBN: 1351689851
  • Category: Social Science
  • Page: 210
  • View: 2844
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International Humanitarian NGOs and State Relations: Politics, Principles and Identity examines the often discordant relationship between states and international non-governmental organisations working in the humanitarian sector. INGOs aiming to provide assistance to populations su?ering from the consequences of con?icts and other human-made disasters work in the midst of very politically sensitive local dynamics. The involvement of these non-political international actors can be seen as a threat to states that see civil war as a state of exception where it is the government’s prerogative to act outside ‘normal’ legal or moral boundaries. Drawing on ?rst-hand experience of humanitarian operations in contexts of civil war, this book explores how the relationship works in practice and how often clashing priorities can be mediated. Using case studies of civil con?icts in Sri Lanka, Darfur, Ethiopia and Chechnya, this practice-based book brings together key issues of politics, principles and identity to build a ‘negotiation structure’ for analysing and understanding the relationship. The book goes on to outline a research and policy development agenda for INGOs to better adapt politically to working with states. International Humanitarian NGOs and State Relations will be a key resource for professionals and policy makers working within international humanitarian and development operations, as well as for academics and students within humanitarian and development studies who want to understand the relationship between states and humanitarian and multi-mandate organisations.

The Law

The Law

  • Author: Frederic Bastiat
  • Publisher: Cosimo, Inc.
  • ISBN: 1596059648
  • Category: Business & Economics
  • Page: 68
  • View: 3871
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French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

Regulation through Litigation

Regulation through Litigation

  • Author: W. Kip Viscusi
  • Publisher: Brookings Institution Press
  • ISBN: 9780815798859
  • Category: Law
  • Page: 369
  • View: 1549
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Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies—policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation, but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented and there is no mechanism to ensure that these outcomes are in society's best interests. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market, and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs.

Democratization in Africa

Democratization in Africa

African Views, African Voices

  • Author: Sahr John Kpundeh
  • Publisher: National Academies
  • ISBN: N.A
  • Category: Social Science
  • Page: 85
  • View: 8628
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The global movement toward democracy, spurred in part by the ending of the cold war, has created opportunities for democratization not only in Europe and the former Soviet Union, but also in Africa. This book is based on workshops held in Benin, Ethiopia, and Namibia to better understand the dynamics of contemporary democratic movements in Africa. Key issues in the democratization process range from its institutional and political requirements to specific problems such as ethnic conflict, corruption, and role of donors in promoting democracy. By focusing on the opinion and views of African intellectuals, academics, writers, and political activists and observers, the book provides a unique perspective regarding the dynamics and problems of democratization in Africa.

The Princeton Encyclopedia of American Political History. (Two volume set)

The Princeton Encyclopedia of American Political History. (Two volume set)

  • Author: Michael Kazin,Rebecca Edwards,Adam Rothman
  • Publisher: Princeton University Press
  • ISBN: 9781400833566
  • Category: Political Science
  • Page: 1056
  • View: 5233
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An essential resource for anyone interested in U.S. history and politics, this two-volume encyclopedia covers the major forces that have shaped American politics from the founding to today. Broad in scope, the book addresses both the traditional topics of political history--such as eras, institutions, political parties, presidents, and founding documents--and the wider subjects of current scholarship, including military, electoral, and economic events, as well as social movements, popular culture, religion, education, race, gender, and more. Each article, specially commissioned for this book, goes beyond basic facts to provide readers with crucial context, expert analysis, and informed perspectives on the evolution of American politics. Written by more than 170 leading historians and social scientists, The Princeton Encyclopedia of American Political History gives students, scholars, and researchers authoritative introductions to the subject's most important topics and a first step to further research. Features nearly 190 entries, organized alphabetically and written by a distinguished team of scholars, including Dean Baker, Lewis L. Gould, Alexander Keyssar, James T. Kloppenberg, Patricia Nelson Limerick, Lisa McGirr, Mark A. Noll, Jack N. Rakove, Nick Salvatore, Stephen Skowronek, Jeremi Suri, and Julian E. Zelizer Describes key political periods and eras, from the founding to the present day Traces the history of political institutions, parties, and founding documents Explains ideas, philosophies, and movements that shaped American politics Presents the political history and influence of geographic regions Describes the roles of ethnic, racial, and religious groups in the political process Explores the influence of mass culture, from political cartoons to the Internet Examines recurring issues that shape political campaigns and policy, from class, gender, and race to crime, education, taxation, voting, welfare, and much more Includes bibliographies, cross-references, appendixes, a comprehensive index, and more than 50 illustrations and maps

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers

  • Author: M. J. C. Vile
  • Publisher: N.A
  • ISBN: 9780865971752
  • Category: Law
  • Page: 455
  • View: 1127
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.