Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment

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.

Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.

From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged

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.

Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.