9781316671641 ebook 9781107159518 (hardback) 9781316612293 (paperback)
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.
Title from publisher's bibliographic system (viewed on 11 Apr 2017).
Formatted Contents Note
Introduction : Jerry L. Mashaw's creative tension with the field of administrative law / Nicholas R. Parrillo Jerry L. Mashaw, the due process revolution, and the limits of judicial power / Thomas W. Merrill The management side of due process in the service-based welfare state / Charles F. Sabel, William H. Simon Jerry L. Mashaw and the public law curriculum / Peter L. Strauss From the history to the theory of administrative constitutionalism / Sophia Z. Lee Cyberdelegation and the administrative state / Mariano-Florentino Cuellar Internal administrative law before and after the APA / Gilian E. Metzger, Kevin M. Stack Boundary disputes : Jerry L. Mashaw's anti-formalism, constitutional interpretation and the unitary presidency / Peter M. Shane Cost-benefit analysis of financial regulation : an institutional perspective / Richard L. Revesz Meeting the Mashaw test for consistency in administrative decision-making / Paul Verkuil Varieties of bureaucratic justice : building on Mashaw's typology / Robert A. Kagan Enforcement adjudication at the SEC / David Zaring Pathways to auto safety : assessing the role of the National Highway Traffic Safety Administration / Robert L. Rabin A comparison of the cultures and performance of a modern agency and a nineteenth-century agency / Richard J. Pierce, Jr. On the emergence of the administrative petition : innovations in nineteenth-century Indigenous North America / Daniel Carpenter Putting the "public" in public administration : the rise of the public utility idea / William J. Novak Lochner and property / Edward Rubin Supervising outsourcing : the need for better design of blended governance / Nina A. Mendelson Government market participation as conflicted government / Jon D. Michaels 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.