Decisions of the Office of Administrative Law Judges and Office of Administrative Appeals
Author: United States. Department of Labor. Office of Administrative Law Judges
Publisher:
Published: 1987
Total Pages: 470
ISBN-13:
DOWNLOAD EBOOK →Author: United States. Department of Labor. Office of Administrative Law Judges
Publisher:
Published: 1987
Total Pages: 470
ISBN-13:
DOWNLOAD EBOOK →Author: Administrative Conference of the United States
Publisher:
Published: 1974
Total Pages: 148
ISBN-13:
DOWNLOAD EBOOK →Author: United States. National Labor Relations Board. Division of Judges
Publisher: Government Printing Office
Published: 2001
Total Pages: 148
ISBN-13:
DOWNLOAD EBOOK →Author: United States. Department of Labor. Office of Administrative Law Judges
Publisher:
Published: 1987
Total Pages: 758
ISBN-13:
DOWNLOAD EBOOK →Author: United States. Federal Labor Relations Authority
Publisher:
Published: 1981
Total Pages: 20
ISBN-13:
DOWNLOAD EBOOK →Author: Christopher F. Edley
Publisher: Yale University Press
Published: 1992-07-29
Total Pages: 288
ISBN-13: 9780300052534
DOWNLOAD EBOOK →This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.