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BL
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| Record Number
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875589
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| Main Entry
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Mashaw, Jerry L.
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| Title & Author
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Creating the administrative constitution : : the lost one hundred years of American administrative law /\ Jerry L. Mashaw.
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| Publication Statement
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New Haven :: Yale University Press,, [2012]
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, ©2012
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| Series Statement
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Yale Law Library series in legal history and reference
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| Page. NO
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1 online resource (x, 419 pages)
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| ISBN
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030018347X
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: 9780300183474
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0300172303
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0300180020
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9780300172300
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9780300180022
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| Bibliographies/Indexes
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Includes bibliographical references (pages 317-414) and index.
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| Contents
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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.
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Recovering American administrative law -- pt. 1. Federalist foundations, 1787-1801. 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 -- pt. 2. Reluctant nationalists, 1801-1829. Federalist state-building meets Republican small-state ideology ; Administering the embargo: an exercise in regulatory hubris ; Bureaucratizing land -- pt. 3. Administration and "The Democracy." 1829-1861. 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" -- pt. 4. Administrative government in the Gilded Age. Nation, state, and administration in the gilded age ; Mass administrative adjudication: case studies in the development of internal administrative law -- pt. 5. Rethinking the administrative Constitution. The administrative Constitution: then and now.
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| Abstract
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"This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry Mashaw demonstrates that from the very beginning 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. 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.""--Provided by publisher.
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| Subject
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Administrative law-- United States-- History.
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| Subject
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Administrative procedure-- United States-- History.
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Administrative law.
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Administrative procedure.
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HISTORY-- United States-- 19th Century.
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LAW-- Administrative Law Regulatory Practice.
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LAW-- Constitutional.
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LAW-- Public.
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POLITICAL SCIENCE-- Government-- Executive Branch.
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| Subject
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United States.
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| Dewey Classification
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342.73/06
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| LC Classification
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KF5402.M37 2012eb
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| NLM classification
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LAW018000LAW001000HIS036040POL040010bisacsh
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POL040010.bisacsh
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