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Full-Text Articles in Law
Bureaucracy As Violence, Jonathan Weinberg
Bureaucracy As Violence, Jonathan Weinberg
Michigan Law Review
Review of The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy by David Graeber.
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Michigan Law Review
It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …
The New Privacy, Paul M. Schwartz, William M. Treanor
The New Privacy, Paul M. Schwartz, William M. Treanor
Michigan Law Review
In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …
Sound Governance And Sound Law, Colin S. Diver
Sound Governance And Sound Law, Colin S. Diver
Michigan Law Review
A Review of Administrative Law: Rethinking Judicial Control of Bureaucracy by Christopher F. Edley, Jr.
The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry
The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry
Michigan Law Review
A Review of The Conditions of Discretion: Autonomy, Community, Bureaucracy/em by Joel F. Handler
Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn
Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn
Michigan Law Review
Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.