Administrative Law in the Political System


Kenneth F. Warren

Fifth Edition • August 1, 2010 • 640 pages


Print ISBN: 9780813344560 • $82.00 USD$77.50 CAN

Ebook ISBN: 9780813391953 • $54.99 USD$62.99 CAN

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Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public.

Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System provides students with an informed and accessible overview of difficult subject matter.


Kenneth F. Warren is professor of political science at Saint Louis University, and he teaches and conducts research in the area of American politics. President of the Warren Poll for over two decades, he also conducts polls for the media, government, private clients, and politicians. He has served as a political analyst for local, national, and international media for thirty years, appearing in such news sources as the New York Times, the London Times, the Wall Street Journal, and the New Republic, and on most major television networks.

Preface

1. Administrative Law: An Introduction
2. The Growth of Administrative Power and Its Impact on the American System
3. Legislative Attempts to Achieve Democratic Accountability in the Administrative Process
4. Protecting Administrators from Undue Interference and Harassment
5. Rulemaking: Agencies as Legislative Bodies
6. The Public Policy–Making Tug-of-War Between Rulemaking and Ordermaking
7. Agency Hearings: How Fair Are They?
8. Administering Public Policies: Discretionary Agency Actions
9. Judicial Review of Agency Behavior
10. Suing the Government and Its Administrators
11. An Administrative Law Challenge: Balancing Societal and Individual Rights When Conducting Administrative Searches and Seizures

Appendix
Glossary
Case Index
Name Index
Subject Index

The new edition of Administrative Law in the Political System, by Professor Kenneth F. Warren, reminds us of the wide-ranging importance of administrative law in the American system of government. The text, up-to-date into the Obama era, is a lucidly written and thorough guide to the subject of administrative law. The text is well organized and presents clearly and completely the theories and practice of administrative law. Included are the major constitutional principles, significant statutes in the federal administrative system, and relevant and informative court opinions showing judicial review of administrative decisions. This fifth edition keeps pace with current issues with crucial material on balancing individual liberties and societal interests in security. It includes ‘ administrative’ searches and seizures in light of the USA Patriot Act passed in the aftermath of the Terrorist Attacks of 9/11, and the decline of the right against self-incrimination in the rise of the ‘ administrative state.’ The interplay of constitutional rights and administrative procedures is well-developed throughout the book and makes the book an important contribution to understanding the essentials of the American style of governance. — Michael A. Wolff, Supreme Court Judge, Supreme Court of Missouri

A masterpiece in enlivening administrative law. This is the ‘go to’ book for faculty seeking answers to administrative law questions and a superb comprehensive administrative law text for MPA, MPP, and political science courses.

—David H. Rosenbloom, City University of Hong Kong and American University

Professor Warren has produced a new edition of his excellent text that retains considerable strengths of previous editions while exploring significant recent developments. His choice of systems theory as the theoretical foundation is both wise and well-informed, accomplishing the daunting task of giving structure and coherence to an otherwise sprawling body of knowledge. His command of the major topics and the literatures that illuminate them — both established and cutting-edge — is nothing short of extraordinary. The book is full of original insights, trenchant observations and sound judgment; only the rare scholar of Professor Warren’s erudition and talent could sustain all three qualities in a single book. It includes a number of features, including, notably the ‘ comments’ and ‘ questions’ sections at the end of this chapter, that are useful resources for instruction and learning. This book is a major contribution to our understanding of the complex interactions between law and politics as they collide in the crucible of contemporary administrative processes.

—Cornelius M. Kerwin, President, American University

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