How American Law Adapted to the Administrative State

2014 ◽  
Vol 75 (1) ◽  
pp. 169-170
Author(s):  
Alasdair Roberts
Keyword(s):  
Administrative State ◽  
American Law

scholarly journals Willard Hurst and the Administrative State: From Williams to Wisconsin

2000 ◽  
Vol 18 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Daniel R. Ernst
Keyword(s):  
Administrative State ◽  
Law And Politics ◽  
American Law ◽  
The 1950S

Perhaps because Willard Hurst did not publish his first book, The Growth of American Law, until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook the ways in which developments in law and politics in the preceding decades shaped his perspective on the American past.

Material Liberty and the Administrative State

2020 ◽  
pp. 956-987
Author(s):  
Francesca Bignami
Keyword(s):  
Comparative Analysis ◽  
Future Development ◽  
Common Law ◽  
Comparative Law ◽  
Public Law ◽  
Individual Rights ◽  
Administrative State ◽  
Public Action ◽  
American Law ◽  
The Common

This chapter draws on three aspects of German public law to throw into sharp relief the absence of substantive protection for material rights in the American administrative state. It first briefly deals with two conceptual issues important for comparative analysis: the scope of public action covered by the concept of the administrative state, and the type of rights that come under the umbrella of material liberty. The chapter then presents the American public law on individual rights and the heavily procedural cast of those rights. This is followed by a presentation of the key elements of German public law that promote substantive fairness for material rights and that bring to light the particularities of American law. The chapter concludes by pointing to the implications for general comparative law theories of the common law tradition and for the possible future development of American law.

Gerard McCormack, Secured Credit Under English and American Law

2006 ◽  
Vol 10 (1) ◽  
pp. 172-174
Author(s):  
George L Gretton
Keyword(s):  
American Law

Autobiographies of Three Surviving Branch Davidians

2005 ◽  
Vol 1 (2) ◽  
pp. 165-197
Author(s):  
Catherine Wessinger
Keyword(s):  
Law Enforcement ◽  
Human Dimensions ◽  
Oral Histories ◽  
Initial Report ◽  
God's Will ◽  
Branch Davidians ◽  
The Bible ◽  
American Law ◽  
The Media ◽  
Federal Agents

This article provides an initial report on oral histories being collected from three surviving Branch Davidians: Bonnie Haldeman, the mother of David Koresh, Clive Doyle, and Sheila Martin. Their accounts are being made into autobiographies. Interviews with a fourth survivor, Catherine Matteson, are being prepared for deposit in an archive and inform the material gathered from Bonnie Haldeman, Clive Doyle, and Sheila Martin. Oral histories provided by these survivors humanize the Branch Davidians, who were dehumanized and erased in 1993 by the application of the pejorative ‘cult’ stereotype by the media and American law enforcement agents. These Branch Davidian accounts provide alternate narratives of what happened in 1993 at Mount Carmel Center outside Waco, Texas, to those provided by American federal agents, and flesh out the human dimensions of the community and the tragedy. Branch Davidians are differentiated from many other people primarily by their strong commitment to doing God's will as they understand it from the Bible. Otherwise they are ordinary, intelligent people with the same emotions, loves, and foibles as others.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

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