The dubious morality of modern administrative law / Richard A. Epstein.

Format:

Book

Author/Creator:

Epstein, Richard, author.

Language:

English

Subjects (All):

Administrative law--United States.

Administrative law.

Physical Description:

1 online resource (237 pages)

Edition:

1st ed.

Distribution:

New York, NY : Bloomsbury Publishing (US), 2026.

Place of Publication:

Lanham, Maryland : Rowman & Littlefield Publishers, 2020.

System Details:

text file rdaft

Summary:

Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America's most prominent legal scholars, provides a withering critique of how the administrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

Contents:

About the Manhattan Institute About the Author Introduction: An Accidental Book PART I:THE DEBATE OVER THE MODERN ADMINISTRATIVE STATE A Frame of Reference for All Administrative Law Rule-of-Law Basics Fuller on the Rule of Law Fuller's Notable Omissions The Empirical Link Between Substance and Procedure Property Freedom of Contract Eminent Domain PART II:THE TRADITIONAL APPROACH TO ADMINISTRATIVE LAW The Founding Period The 19th and Early 20th Centuries The 1935 Turning Point The Framework Applied In Modern Times Bias and the Right to Be Heard Guidances Nondelegation The Delegation of Benefit Distributions PART III:THE CHEVRON SYNTHESIS Section 706(a) of the Administrative Procedure Act The Chevron Two Step Navigable Waters Weyerhaeuser v. U.S. Fish & Wildlife Service The Major Question Diversion MCI Telecommunications Corp. v. AT&T FDA v. Brown & Williamson Whitman v. American Trucking Association Massachusetts v. EPA King v. Burwell PART IV:CHEVRON LITE Skidmore Seminole Rock and Auer Gloucester County Kisor Retroactivity and the Reversal of Longstanding Positions Fundamental Choices Chenery I and Chenery II Chamber of Commerce v. United States Department of Labor PART V: QUESTIONS OF FACT UNDER THE ADMINISTRATIVE PROCEDURE ACT Arbitrary, Capricious, or an Abuse of Discretion Traditional Agency Action The Pipeline Cases Conclusion Tables of Cases General Index

ISBN:

979-82-16-45734-3

1-5381-4150-7

OCLC:

1140155489