Politics of Administrative Law -- Weinstein, Wilson, and Shamir
What is the political philosophy behind America's current state of federal and state administrative regulation? Although in an ideal historical environment, this would be easy to see in the recorded words of the Founding Fathers, the historian of American law is instead faced with a challenge, for the relationship between individual, state, and national government has changed considerably since this nation's founding. Also, the concept behind the historical and philosophic construction of administrative laws has varies considerably; depending on whether the political paradigm selected is political and corporative, economic, pluralist, or judicial in its nature and focus.
The historians and political philosophers James Weinstein, James Q. Wilson, and Ronen Shamir, would no doubt all agree that a seismic shift occurred during the turn of the century in America, in terms of the way individual rights were conceptualized, and continued to become prioritized over the course of the century from a legal and political perspective. During this period of time, America shifted from an America without a federal income tax, an America where the Bill of Rights was only strictly applicable to federal rather than state legislation, to a nation with a complex civil rights system of litigation and a bureaucratic tax and federal civil service structure. Over the course of the century and afterwards, legislation was passed to make American industry more humane, and to change the integration of women and blue-collar workers into the American nation. The 20th century saw changes as women began to vote, and worker's rights became protected in the capitalist system, and African-American rights were guaranteed legally and legislatively. The political and economic, as well as legal reasons behind this shift, however, remain controversial.
James Weinstein has been one of the foremost historical and legal advocates of what he terms "corporate liberalism," in tracing the reasons for this shift from the value placed upon the American ideal of independence, autonomy, and capitalist freedom to the acknowledgement that the state must protect individual rights...
Politics of Administrative Law An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts
Administrative Law Lujan v. Defenders of Wildlife Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to
1, 10.6, respectively 4.5. Behind these figures however, Haiti remains the poorest country in the western hemisphere. 80% of the total population in the country lives below the poverty line; 54% of them live in abject poverty. Over 60% of the population depends directly on agriculture to ensure food sustainability. Massive deforestations, combined with natural hazards (most commonly tropical storms), harden the living standards of the individuals (Central Intelligence Agency). While the
Soviet Law The legal system of Russia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than Russian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on Russian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also
Health Politics "What is the role of Congress in policy making process"? Policy is a plan to identify goal or possible course of actions with administrative or management tools to accomplish these goals. On the other hand, policy is the authoritative decision made by the U.S. executive, legislative, judicial branch of government to influence the decision of others. Government is a key player in decision-making process and congress plays important roles in
Briefings on Administrative Law Case facts In 1994, the initial state law that gave physicians the authority to prescribe lethal amounts of controlled substances to terminally ill patients was established by Oregon. However, in 2001 the Attorney General Ashcroft affirmed that the physician-steered suicide dishonored the Controlled Substances Act enacted in 1970. The Attorney General threatened to revoke all the medical physician licenses of those who took part in the practice.
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