Deconstructing the Administrative State: Constitutional Debates over Chevron and Political Transformation in American Law

Author(s):  
Craig Green
2014 ◽  
Vol 75 (1) ◽  
pp. 169-170
Author(s):  
Alasdair Roberts

2000 ◽  
Vol 18 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Daniel R. Ernst

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.


Author(s):  
Francesca Bignami

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.


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

2020 ◽  
Vol 53 (2) ◽  
pp. 93-112
Author(s):  
Indira Dupuis

In this article, I present the results of an analysis of print media reporting on the spectacular trial in 1984 against the murderers of Jerzy Popiełuszko in communist Poland. The aim of my research is to show how the coverage contributed to the de-legitimization of the Communist Party despite the mass media system's tight structures of control. Because of mass media functionality, the coverage of this event contributed to political transformation not only by publicizing a hitherto tabooed topic but also by establishing an initial point for informed public criticism of the government.


2005 ◽  
Vol 1 (2) ◽  
pp. 165-197
Author(s):  
Catherine Wessinger

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.


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