The Administrative State: Its Foundations and Modern Forms
ABSTRACT
This conference examined, from a constitutional and rule-of-law perspective, central features and pathologies of the modern administrative state.
READING LIST
Conference Readings
Ahdieh, Robert B. “From Federalism to Intersystemic Governance: The Changing Nature of Modern Jurisdiction.” Emory Law Journal 57, no. 1 (2007): 1-30.
Davidoff, Steven M. and David Zaring. “Regulation by Deal: The Government’s Response to the Financial Crisis.” Administrative Law Review 61 (2009): 463-541.
DeMuth, Christopher. “The Regulatory State.” National Affairs 12 (Summer 2012): 1-10.
Gadinis, Stavros. “From Independence to Politics in Financial Regulation.” California Law Review (2012): 3-22.
Hamburger, Philip. “Is Administrative Law Unlawful?.” Rough Draft, New York, New York, July 20, 2012.
Hamilton, Alexander, James Madison, and John Jay. The Federalist: The Gideon Edition. Edited by George W. Carey and James McClellan. Indianapolis: Liberty Fund, Inc., 2001.
Kagan, Elena, “Presidential Administration” In Foundations of Administrative Law, Second Edition, compiled by Peter H. Schuck. New Providence: Matthew Bender & Company, Inc., 2006. 270-277.
Lawson, Gary. “The Rise and Rise of the Administrative State.” Harvard Law Review 107 (1994): 1231-1254.
Mashaw, Jerry. Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law. New Haven: Yale University Press, 2012.
Posner, Eric A. and Adrian Vermeule. The Executive Unbound: After the Madisonian Republic. New York City: Oxford University Press, 2010.
Pound, Roscoe. “Report of the Special Committee on Administrative Law.” HeinOnline, 63 Annu. Rep., A.B.A. 331 (1938): 331-368.
Shapiro, Martin, “The APA: Past, Present, and Future” In Foundations of Administrative Law, Second Edition, compiled by Peter H. Schuck. New Providence: Matthew Bender & Company, Inc., 2006. 59-69.
United States Congressional Record. “Administrative Procedure Act.” 79th Congress, 2d Sess. (1947): 1-15.
Wallach, Philip A. “Policy Responses to the Financial Crisis of 2008 and the Rule of Law.” 2010 Annual Meeting of the American Political Science Association, Washington, D.C., September 2-5, 2010.