Articles 1 - 3 of 3
Full-Text Articles in Legal History
The Legacy Of Social Darwinism: From Railroads To The 'Reinvention' Of Regulation, Yair Sagy
According to accepted wisdom, new paradigms of regulation are upon us. This Article challenges this conception. It revisits the work of the leading regulator and theoretician of regulation in post-Civil War U.S., Charles Francis Adams, Jr., and argues that contemporary regulation reverts to Adams' theory of regulation, rather than introducing a revolutionary chapter to the intellectual history of regulation in the United States. The Article operates on three levels. On one level, it offers a new interpretation of Adams' seminal theory by revealing the hold that Herbert Spencer and Social Darwinism had on his work. On another level, the ...
A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy
This Article offers a new typology of administrative regulators. Through a comprehensive study of the literature on federal regulation from the late nineteenth century until the present, it exposes, for the first time, three distinct prototypes of regulators that comprise the U.S. administrative state: "The Guardian"—the regulator as a general manager having the public interest in mind; "the Facilitator"—a coordinator of public collaboration and a source of reliable information; and "the Technician"—a skilled practitioner, qualified by certified training or experience. Each one of these types embodies a different concept of public regulation, its social role, characteristic ...
Doctorate Dissertation: The Manager, The Judge, And The Empiricist: American Administrative Law As A Theory Of Expertise, Yair Sagy
No abstract provided.