Hearing[s] Before the Committee on Interstate Commerce, United States Senate, Sixty-second Congress Pursuant to S. Res. 98. A Resolution Directing the Committee on Interstate Commerce to Investigate and Report Desirable Changes in the Laws Regulating and Controlling Corporations, Persons, and Firms Engaged in Interstate Commerce


Book Description







Judicializing the Administrative State


Book Description

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.







Hearings Before the Committee on Interstate Commerce, United States Senate, Sixty-second Congress, Pursuant to S. Res. 98, a Resolution Directing the Committee on Interstate Commerce to Investigate and Report Desirable Changes in the Laws Regulating and Controlling Corporations, Persons, and Firms Engaged in Interstate Commerce


Book Description




Congressional Record


Book Description

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)







Recent Books