"This study is motivated by the widespread concern with the extent of costly and ill-conceived regulations in New Zealand."--Introduction, p.1.

Moderate government is a time-honored and cherished doctrine. It has been considered the best solution of preventing tyranny and anarchy alike. However, expositions of the doctrine tend either to be entrenched by the technicalities of constitutional and public choice theory, or to remain largely exhortative. This book aims at providing a larger and more commonsensical defense of it. It addresses the issue of moderation but within a broader perspective of reflecting on how governments have developed with inherent constraints. This offers an analysis of the Antigone and Measure for Measure to discuss the necessary fall of tyranny, and the problems of how to distinguish between order and disorder. It is then argued that doing political theory is another important constraint on governments. Even conceptions that envision an unconstrained sort of government run into difficulties and as an unintended consequence, confirm the soundness of the idea that governing is an inherently constrained business. The book then takes issue with the recently growing awareness, associated with political realism, that governing is as much a personal as an institutional activity. In this context, the virtue of moderation will be discussed, and shown how it grows out of the experience of shame, whereby we are made conscious of our limitations of control over ourselves. Governing is to a large part about control, and as a personal activity it preserves the centrality of shame, and the insight that moderation is the best way to maintain effective control without pretending to have full control. Then, the book discusses three offices of government, traditionally considered to be the pivotal ones: the legislator, the chief executive, and the judge. Each will be analyzed by help of three fundamental distinctions: normal vs exceptional times, personal vs institutional aspects, and governing vs anti-governing. They highlight and confirm the inherent constraints of each office. Finally, three political conceptions of governing will be discussed, ending with a reflection on the principle of the separation of powers.

This article contends that formal institutions have always mattered in African politics. Formal law is an important tool in political contests because Africa's formal legal systems tend to feature broad grants of poorly circumscribed discretionary powers. Indeed, the sheer breadth of formal power is what facilitates informal and unaccountable uses of it. Students of African politics should therefore pay closer attention to the nature and uses of formal laws and legal processes. The article suggests that administrative law reforms can stem the abuse of power that often accompanies the instrumental use of formal law for political purposes.

This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.

As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Legislatures are arguably the most important political institution in modern democracies. The Oxford Handbook of Legislative Studies, written by some of the most distinguished legislative scholars in political science, provides a comprehensive and up-to-date description and critical assessment of the state of the art in this key area.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Examining constitutional rules and power-sharing in Africa reveals how some dictatorships become institutionalized, rule-based systems.

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.