Bureaucratic Justice: Managing Social Security Disability Claims

"Mashaw has taken . . . the Social Security Administration's handling of disability claims . . . and from it has drawn, not only a microsopic account and appraisal of SSA's methods and problems, but also a generalized and philosophic inquiry into the nature of the 'justice' such an agency, bureaucratically organized, can dispense. He provides an unorthodox redefinition of what the administrative law that matters is, and fresh insights inot why it matters and how it develops. . . . Brilliant."-Harvey C. Mansfield, Perspective

Mashaw, Jerry L.

Rules & Procedures

Yale University Press

hardcover dust jacket present. dust jacket, shows signs of wear, very faded spine, some chipping and tearing to edges. book itself has well read binding-many pages are creased to spine, but all pages are intact. markings or creasing, some marks to front cover, and small water stain to inside back cover-does not impact book. notes in margins and underlining throughout, previous owner's name written on inside first page. limited chipping or tearing to edges.

Due Process in the Administrative State

"Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication."―Linda A. O'Hare, American Bar Association Journal "A major contribution to the ongoing debate about administrative law and mass justice."―Lance Liebman and Richard B. Stewart, Harvard Law Review "Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans."―Paul R. Verkuil, Yale Law Journal "An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies."―Barry Boyer, Michigan Law Review "Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book."―David L. Martin, American Political Science Review "Mashaw provides an excellent analysis of middle range processes of decision making."―Gerald Turkel, Qualitative Sociology "Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years." ―Annals of the American Academy of Political and Social Science "A thoughtful, challenging, and very useful book."―Choice "Inspires a new direction in administrative law scholarship."―A.I. Ogus, Oxford Journal of Legal Studies

Greed, Chaos, and Governance: Using Public Choice to Improve Public Law

In this thought-provoking book, Mashaw applies public choice theory to perennial questions of constitutional law, legislative interpretation, and administrative law. He argues that in many cases public choice theory`s reach has exceeded its grasp, but in others public choice insights have not been pursued far enough. His innovative conclusions make this book a "must read" for all students and scholars of law, economics, and political science.

Public choice theory should be taken seriously―but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.

Greed, Chaos, and Governance: Using Public Choice to Improve Public Law (Revised)

Law Practice

Social security in the USA may be the greatest triumph of American domestic policy. But true security has not been achieved. This work shows that the nation's system of social insurance is riddled with gaps, inefficiencies and inequities.

True Security: Rethinking American Social Insurance (The Institution for Social and Policy St)

Politics & Social Sciences

Graetz, Michael J.

Politics & Government

Social insurance in the United States―including the Social Security Act of 1935 and the Medicare, Medicaid, and disability insurance programs that were added later―may be the greatest triumph of American domestic policy. But true security has not been achieved. As Michael J. Graetz and Jerry L. Mashaw show in this pathbreaking book, the nation's system of social insurance is riddled with gaps, inefficiencies, and inequities. Even the most popular and successful programs, Medicare and Social Security, face serious financial challenges from the coming retirement of the baby boom generation and the aging of the population. This book challenges the notion that American social insurance must remain inadequate, unaffordable, or both. In sharp contrast to policymakers and analysts who debate only one income security program at a time, Graetz and Mashaw examine social insurance whole to assess its crucial role in providing economic security in a dynamic market economy. They recognize that, notwithstanding a proper emphasis on individual freedom and responsibility, Americans share a common fate that binds them together in a common enterprise. The authors offer us a new vision of the social insurance contract and concrete proposals to make the nation's families more secure without increasing costs.

True Security: Rethinking American Social Insurance (The Institution for Social and Policy Studies)

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference)

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. This book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

History

Americas

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. This book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

The book is organized to enable students to master the conventional rubrics of the subject, while probing the deeper issues of legal method, public policy, and political organizations that surround disputes over doctrine. Contains an introduction to administrative law; the legislative connection; executive supervision of agency action; administrative adjudication and rule making; government acquisition and disclosure; suits to review administrative action; damage actions against the federal government and its officers; and beneficiary enforcement of public law.

Administrative Law: The American Public Law System : Cases and Materials (American Casebook Series)

Shane, Peter M.

Merrill, Richard A.

West Group

See the best price to sell, buy, or rent books by Mashaw, Jerry L.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Mashaw, Jerry L.

See the best price to sell, buy, or rent books by Mashaw, Jerry L.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Bureaucratic Justice: Managing Social Security Disability Claims

Due Process in the Administrative State

Bureaucratic Justice: Managing Social Security Disability Claims

Greed, Chaos, and Governance: Using Public Choice to Improve Public Law

Greed, Chaos, and Governance: Using Public Choice to Improve Public Law (Revised)

True Security: Rethinking American Social Insurance (The Institution for Social and Policy St)

True Security: Rethinking American Social Insurance (The Institution for Social and Policy Studies)

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference)

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference)

Administrative Law: The American Public Law System : Cases and Materials (American Casebook Series)