Foundations of Administrative Law Book

	Introduction	3
I	The Theoretical Foundations of the Administrative State	9
	The Administrative Process	13
	Regulation and Its Reform	17
	A Theory of Nonmarket Failures	22
	A Civic Republican Justification for the Bureaucratic State	25
II	The Historical Foundations of Administrative Law	31
	Building a New American State: The Expansion of National Administrative Capacities, 1877-1920	33
	Federal Regulation in Historical Perspective	39
III	The Administrative Procedure Act	53
	Factions, Self-Interest, and the APA: Four Lessons Since 1946	55
	APA: Past, Present, Future	60
	State Law in the Teaching of Administrative Law: A Critical Analysis of the Status Quo	69
IV	The Determinants of Agency Behavior	75
	Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development	77
	"The Politics of Bureaucratic Structure"	89
	"Beliefs"	95
	The Science of "Muddling Through"	104
V	Models of Procedural Justice and Effective Governance	111
	Due Process in the Administrative State	113
	A Theory of Procedure	115
	The New Property	119
	Reflections on "The New Property"	123
	When the Exception Becomes the Rule: Regulatory Equity and the Formulation of Energy Policy Through an Exceptions Process	125
	Adversarial Legalism and American Government	135
VI	Controlling Administrative Discretion	155
1	The Problem of Administrative Discretion	163
	Discretionary Justice	163
	The End of Liberalism	166
	Prodelegation: Why Administrators Should Make Political Decisions	177
2	Review by Courts and Specialized Tribunals	186
	Public Programs and Private Rights	186
	Statutory Interpretation and the Balance of Power in the Administrative State	193
	Administrative Law and Bureaucratic Reality	200
	To the Chevron Station: An Empirical Study of Federal Administrative Law	212
	Specialized Courts in Administrative Law	218
3	Presidential and Congressional Review	231
	The Place of Agencies in Government: Separation of Powers and the Fourth Branch	231
	OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation	241
	White House Review of Agency Rulemaking	245
	"Micromanagement by Congress: Reality and Mythology"	248
4	Internal Controls: Management, Culture, and Professional Norms	260
	The Management Side of Due Process	260
	"Culture" and "Compliance"	269
	Legality, Bureaucracy, and Class in the Welfare System	274
5	Public Participation	290
	The Reformation of American Administrative Law	290
	Bureaucratic Justice: Managing Social Security Disability Claims	297
	The Role of Courts in Regulatory Negotiation - A Response to Judge Wald	301
6	Market-Oriented Controls	312
	Privatization: Politics, Law, and Theory	312
VII	Comparative Administrative Process	321
	"National Differences"	323
	Comparative Law	338
VIII	The Future of Administrative Law	363
	Administrative Discretion: The Next Stage	365
	The Dis-Integration of Administrative Law: A Comment on Shapiro	380