Administrative Law from the Inside Out
Essays on Themes in the Work of Jerry L. Mashaw

This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.

Nicholas R. Parrillo (Edited by)

9781316612293, Cambridge University Press

Paperback / softback, published 10 May 2018

558 pages, 2 b/w illus. 6 tables
23 x 15.3 x 3 cm, 0.84 kg

For a generation, Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws. Administrative Law from the Inside Out brings together a collection of twenty-one essays from leading scholars that interrogate, debate, and expand on themes in Mashaw's work as well as on the fundamental premises of their field. Mashaw has illuminated new ways of seeing administrative law, composed sweeping indictments of its basic principles, and built bridges to other disciplines. The contributors to this volume provide a collective account of administrative law's commitments, possibilities, limitations, and strains as an approach to governance and as an intellectual enterprise.

Introduction: Jerry L. Mashaw's creative tension with the field of administrative law Nicholas R. Parrillo
Part I. An Internal Law of Administration: 1. Jerry L. Mashaw, the due process revolution, and the limits of judicial power Thomas W. Merrill
2. The management side of due process in the service-based welfare state Charles F. Sabel and William H. Simon
3. Jerry L. Mashaw and the public law curriculum Peter L. Strauss
4. From the history to the theory of administrative constitutionalism Sophia Z. Lee
5. Cyberdelegation and the administrative state Mariano-Florentino Cuéllar
Part II. Internal Law and the President: 6. Internal administrative law before and after the APA Gillian E. Metzger and Kevin M. Stack
7. Boundary disputes: Jerry L. Mashaw's anti-formalism, constitutional interpretation and the Unitary Presidency Peter M. Shane
8. Cost-benefit analysis of financial regulation: an institutional perspective Richard L. Revesz
Part III. Adjudication and Divergent Models of Justice: 9. Meeting the Mashaw test for consistency in administrative decisionmaking Paul Verkuil
10. Varieties of bureaucratic justice: building on Mashaw's typology Robert A. Kagan
11. Enforcement adjudication at the SEC David Zaring
Part IV. The Agency and its External Environment: 12. Pathways to auto safety: assessing the role of the national highway traffic safety administration Robert L. Rabin
13. A comparison of the cultures and performance of a modern agency and a nineteenth century agency Richard J. Pierce, Jr
Part V. Remapping the Administrative State's Development: 14. On the emergence of the administrative petition: innovations in nineteenth-century indigenous North America Daniel Carpenter
15. Putting the 'public' in public administration: the rise of the public utility idea William J. Novak
16. Lochner and property Edward Rubin
Part VI. 'The Agency' as More than a Black Box: 17. Supervising outsourcing: the need for better design of blended governance Nina A. Mendelson
18. Government market participation as conflicted government Jon D. Michaels
19. State regulatory capacity and administrative: law and governance under globalization Richard B. Stewart
Conclusion. The inside out perspective: a first person account Jerry L. Mashaw.

Subject Areas: Government powers [LNDH], Constitutional & administrative law [LND], Legal system: general [LNA]