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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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The Dubious Morality of Modern Administrative Law (Hardcover)
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The Dubious Morality of Modern Administrative Law (Hardcover)
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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.
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