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Book
xxiii, 320 pages ; 23 cm
  • The conceptual framework
  • The natural state
  • The natural state applied : English land law
  • Open access orders
  • Explaining the transition from limited to open access orders : the doorstep conditions
  • The transition proper
  • A new research agenda for the social sciences.
All societies must deal with the possibility of violence, and they do so in different ways. This book integrates the problem of violence into a larger social science and historical framework, showing how economic and political behavior are closely linked. Most societies, which we call natural states, limit violence by political manipulation of the economy to create privileged interests. These privileges limit the use of violence by powerful individuals, but doing so hinders both economic and political development. In contrast, modern societies create open access to economic and political organizations, fostering political and economic competition. The book provides a framework for understanding the two types of social orders, why open access societies are both politically and economically more developed, and how some 25 countries have made the transition between the two types.
(source: Nielsen Book Data)9781107646995 20160610
Law Library (Crown)
LAW-680-01
Book
x, 419 p. ; 24 cm.
  • Recovering American administrative law
  • Pragmatic state-building
  • "To see that the laws are faithfully executed": managerial and hierarchical control in the early republic
  • Legal accountability: the common law model
  • Federalist state-building meets Republican small-state ideology
  • Administering the embargo: an exercise in regulatory hubris
  • Bureaucratizing land
  • Democracy and administration
  • The bank war and sub-treasury system
  • Democracy, office, and the reform of administrative organization
  • Regulating steamboats
  • The administrative constitution of "The Democracy"
  • Nation, state, and administration in the gilded age
  • Mass administrative adjudication: case studies in the development of internal administrative law
  • The administrative Constitution: then and now.
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning of the republic Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution's first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author's words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic".
(source: Nielsen Book Data)9780300172300 20160608
Law Library (Crown)
LAW-680-01
Book
270 p. ; 22 cm.
  • Introduction: Triumphalism
  • The most dangerous branch. An extremist presidency
  • The politicized military
  • The question of legitimacy. Three crises
  • Executive constitutionalism
  • Reconstruction. Enlightening politics
  • Restoring the rule of law
  • Living dangerously.
Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. Ackerman points to a series of developments that have previously been treated independently of one another - from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century - and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. The book aims to begin a new constitutional debate. Americans should not suppose that Barack Obama's centrism and constitutionalism will typify the presidencies of the twenty-first century. We should seize the present opportunity to confront deeper institutional pathologies before it is too late.
(source: Nielsen Book Data)9780674057036 20160604
Law Library (Crown)
LAW-680-01, LAW-7029-01
Book
xvi, 479 p. : ill. ; 24 cm.
  • Introduction
  • Entrepreneurship, networked legitimacy, and autonomy
  • The clerical state : obstacles to bureaucratic autonomy in nineteenth-century America
  • The Railway Mail, Comstockery, and the waning of the old postal regime, 1862-94
  • Organizational renewal and policy innovation in the National Postal System, 1890-1910
  • The triumph of the moral economy : finance, parcels, and the labor dilemma in the post office, 1908-24
  • Science in the service of seeds : the USDA, 1862-1900
  • From seeds to science : the USDA as university, 1897-1917
  • Multiple networks and the autonomy of bureaus : departures in food, pharmaceutical, and forestry policy, 1897-1913
  • Brokerage and bureaucratic policymaking : the cementing of autonomy at the USDA, 1914-28
  • Structure, reputation, and the bureaucratic failure of reclamation policy, 1902-14
  • Conclusion: The politics of bureaucratic autonomy.
Until now political scientists have devoted little attention to the origins of American bureaucracy and the relationship between bureaucratic and interest group politics. In this pioneering book, Daniel Carpenter contributes to our understanding of institutions by presenting a unified study of bureaucratic autonomy in democratic regimes. He focuses on the emergence of bureaucratic policy innovation in the United States during the Progressive Era, asking why the Post Office Department and the Department of Agriculture became politically independent authors of new policy and why the Interior Department did not. To explain these developments, Carpenter offers a new theory of bureaucratic autonomy grounded in organization theory, rational choice models, and network concepts. According to the author, bureaucracies with unique goals achieve autonomy when their middle-level officials establish reputations among diverse coalitions for effectively providing unique services. These coalitions enable agencies to resist political control and make it costly for politicians to ignore the agencies' ideas. Carpenter assesses his argument through a highly innovative combination of historical narratives, statistical analyses, counterfactuals, and carefully structured policy comparisons. Along the way, he reinterprets the rise of national food and drug regulation, Comstockery and the Progressive anti-vice movement, the emergence of American conservation policy, the ascent of the farm lobby, the creation of postal savings banks and free rural mail delivery, and even the congressional Cannon Revolt of 1910.
(source: Nielsen Book Data)9780691070094 20160528
Law Library (Crown)
LAW-680-01
Book
xv, 354 p. : ill. ; 24 cm.
  • Introduction
  • Social Security's missing years
  • The regulation of labor-management relations
  • The revolutions of public finance
  • The transformation of Navy procurement
  • Relative state-building in the 1940s : the terms of exchange
  • A resource-dependent American state.
This text examines the profound impact of World War II on American government. It argues that the wartime and immediate postwar experiences of the 1940s transformed and redirected the policies and government institutions of the New Deal. The author proposes a new model of the state and of "state-building"; he then applies this model, which derives from the resource dependence perspective, to the historical record of four areas of public policy: social security, labour-management relations, public finance and military procurement.
(source: Nielsen Book Data)9780691044040 20160528
Law Library (Crown)
LAW-680-01
Book
viii, 312 p. : ill. ; 24 cm.
  • Introduction 1 Claudia Goldin, Gary D. Libecap. 1: The Origins of State Railroad Regulation: The Illinois Constitution of 1870 13 Mark T. Kanazawa, Roger G. Noll. 2: The Institutional Antecedents of State Utility Regulation: The Chicago Gas Industry, 1860 to 1913 55 Werner Troesken 3: Congress and Railroad Regulation: 1874 to 1887 81 Keith T. Poole, Howard Rosenthal. 4: The Interaction of Taxation and Regulation in Nineteenth-Century U.S. Banking 121 John Joseph Wallis, Richard E. Sylla, John B. Legler. 5: The Origins of Federal Deposit Insurance 145 Charles W. Calomiris, Eugene N. White. 6: Political Bargaining and Cartelization in the New Deal: Orange Marketing Orders 189 Elizabeth Hoffman, Gary D. Libecap. 7: The Political Economy of Immigration Restriction in the United States, 1890 to 1921 223 Claudia Goldin 8: Coalition Formation and the Adoption of Workers' Compensation: The Case of Missouri, 1911 to 1926 259 Shawn Everett Kantor, Price V. Fishback. Contributors 299 Author Index 301 Subject Index 307.
  • (source: Nielsen Book Data)9780226301105 20160528
How has the United States government grown? What political and economic factors have given rise to its regulation of the economy? These eight case studies explore the late 19th- and early 20th-century origins of government intervention in the United States economy, focusing on the political influence of special interest groups in the development of economic regulation. This book examines how constituent groups emerged and demanded government action to solve perceived economic problems, such as exorbitant railroad and utility rates, bank failure, falling agricultural prices, the immigration of low-skilled workers, work-place injury and the financing of government. The contributors look at: how pre-existing policies, institutions and market structures shaped regulatory activity; the origins of regulatory movements at the state and local levels; the effects of consensus-building on the timing and content of legislation; and how well government policies reflect constituency interests. This work aims to provide a wide-ranging historical view of the way interest group demands and political bargaining have influenced the growth of economic regulation in the United States. It should be of interest to economists, political scientists and public policy experts.
(source: Nielsen Book Data)9780226301105 20160528
Law Library (Crown)
LAW-680-01

7. We the people [1991 - ]

Book
v. ; 24 cm.
  • 1. Foundations
  • 2. Transformations
  • 3. The civil rights revolution.
In this, the first of three volumes, Bruce Ackerman offers a reinterpretation of the USA's constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, "We are the People" confronts the past, present and future of popular sovereignty in America. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent historic constitutional decisions. The constitution of the late 20th century can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitution politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, their tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the triumphs of constitutional politics determine the course of normal politics.
(source: Nielsen Book Data)9780674948402 20160527
Law Library (Crown)
LAW-680-01
Book
x, 389 p. ; 24 cm.
  • Preface-- Part I. The State-Building Problem in American Political Development: 1. The new state and American political development-- 2. The early American state-- Part II. State Building as Patchwork, 1877-1900: 3. Patching civil administration: the limits of reform in the party state-- 4. Patching the army: the limits of provincial virtue-- 5. Patching business regulation: the failure of administered capitalism-- Part III. State Building as Reconstitution, 1900-1920: 6. Reconstituting civil administration: economy, efficiency, and the repoliticization of American bureaucracy-- 7. Reconstituting the army: professionalism, nationalism, and the illusion of corporatism-- 8. Reconstituting business regulation: administrative justice, scientific management, and the triumph of the independent commission-- Epilogue-- Notes-- Selected bibliography-- Index.
  • (source: Nielsen Book Data)9780521230223 20160528
This book is about governmental change in America. It examines the reconstruction of institutional power relationships that had to be negotiated among the courts, the parties, the president, the Congress and the states in order to accommodate the expansion of national administrative capacities around the turn of the twentieth century. Stephen Skowronek argues that new institutional forms and procedures do not arise reflexively or automatically in response to environmental demands on government, but must be extorted through political and institutional struggles that are rooted in and mediated by pre-established governing arrangements. As the first full-scale historical treatment of the development of American national administration, this book will provide a useful textbook for public administration courses.
(source: Nielsen Book Data)9780521230223 20160528
Law Library (Crown)
LAW-680-01