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Full-Text Articles in Legal History
The Legacy Of Social Darwinism: From Railroads To The 'Reinvention' Of Regulation, Yair Sagy
The Legacy Of Social Darwinism: From Railroads To The 'Reinvention' Of Regulation, Yair Sagy
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 article …
Supreme Authority: On The Establishment Of The Supreme Court Of Israel, Yair Sagy
Supreme Authority: On The Establishment Of The Supreme Court Of Israel, Yair Sagy
Yair Sagy
This article provides the first comprehensive description of the re-establishment of the Supreme Court of Israel, based on hitherto unexposed archival sources. It challenges the idea that from an institutional standpoint, the Israeli Court was merely a continuation of its Mandatory predecessor. The article reveals that despite certain similarities between the Israeli Court and its Mandatory predecessor, the institutional position of the Court had to be won out by the first Israeli Justices who launched a campaign against attempts to reallocate their jurisdiction. The bulk of the article is dedicated to detailing these attempts and the (essentially successful) campaign to …
A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy
A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy
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 procedures, and enforcement style. …
Doctorate Dissertation: The Manager, The Judge, And The Empiricist: American Administrative Law As A Theory Of Expertise, Yair Sagy
Yair Sagy
No abstract provided.