An Anti–New Dealer Legacy: The Administrative Procedure Act

1996 ◽  
Vol 8 (2) ◽  
pp. 206-226 ◽  
Author(s):  
James E. Brazier

The Administrative Procedure Act of 1946 (APA) has been sorely neglected in the history of the relationship of the political actors to the administrative state. There is no full account of the history of the APA, yet there is an increasing need for such a history. There is a growing literature paying renewed attention to the importance of administrative procedures in the politics of the administrative state (McCubbins and Schwartz 1984; McCubbins, Noll, and Weingast 1987, 1989; Moe 1989; Hill and Brazier 1991; Farber 1992; Mashaw 1990; and Bawn 1995). With all this attention being given to the importance of administrative procedure, it is about time to examine the history of the act that established the minimum standards of administrative procedure. The act regulates the procedures for adjudication, access to, disclosure of, and publication of agency information, licensing, rule-making, investigations, tenure of administrative law judges, and judicial review of agency action. Standard accounts of the APA's legislative history such as Galloway's (1946) have conveyed the impression that the APA was a noncontroversial, consensual piece of legislation that provided much-needed reform of federal administrative procedures. The actual history of this act involved a prolonged battle among the bureaucracy, the judiciary, the presidency, the legislature, and interest groups for political advantage in the administrative state that had been created by the New Deal and World War II.

Author(s):  
Sarena Abdullah

Abstract The early history of the Malaysian National Art Gallery has been thoroughly elucidated through many different sources but its role as promoter of Malaysia’s art in the first ten years of its early formation have never been critically examined. This paper will trace the transnational relationship of the National Art Gallery through its exhibitions co-organised with the Commonwealth Institute in London within the larger context of the post-World War II period and the British decolonisation in Malaya. This paper will situate and contextualise its research on Malaya’s early exhibition history on multiculturalism and the Malayan identity framework, and later draw the link and connection between the Commonwealth Institute and the context of its establishment in Britain and the establishment of the National Art Gallery in Malaya. Subsequently, this paper will trace and demonstrate the importance of these early exhibitions to be understood in the larger context of (a) the need to exert international visibility during the period of Confrontation and (b) the exhibition as a platform that mooted the Malayan identity that aligns with the core values and principles of the Commonwealth. As such, this paper demonstrates that the transnational relations between the National Art Gallery and the Commonwealth Institute in the realm of Malaysia’s exhibition history must be analysed in tandem with the issues that are faced by a new British Commonwealth country, i.e., Malaysia during the immediate post-war period.


Author(s):  
Paul Schor

By telling how the US census classified and divided Americans by race and origin from the founding of the United States to World War II, this book shows how public statistics have been used to create an unequal representation of the nation. From the beginning, the census was a political undertaking, torn between the conflicting demands of the state, political actors, social scientists, businesses, and interest groups. Through the extensive archives of the Bureau of the Census, it traces the interactions that led to the adoption or rejection of changes in the ways different Americans were classified, as well as the changing meaning of seemingly stable categories over time. Census workers and directors by necessity constantly interpreted official categories in the field and in the offices. The difficulties they encountered, the mobilization and resistance of actors, the negotiations with the census, all tell a social history of the relation of the state to the population. Focusing in detail on slaves and their descendants, on racialized groups, and on immigrants, as well as on the troubled imposition of US racial categories upon the population of newly acquired territories, the book demonstrates that census-taking in the United States has been at its core a political undertaking shaped by racial ideologies that reflect its violent history of colonization, enslavement, segregation, and discrimination.


Author(s):  
James Wierzbicki

This chapter explores one of the ironies that color the history of the American film industry—the fact that its most glorious years, in terms of profitability, were those during which the entire nation struggled desperately to pull itself out of the depths of the Great Depression. Hollywood was as hard hit as any other industry by the stock market crash of 1929. But the captains of the film industry took advantage of several of the “New Deal” offers extended in 1933 by President Franklin D. Roosevelt. Owing in part to smart business practices and in large part to an audience desperately in need of inexpensive escapist entertainment, the American film industry after 1933 thrived on a circle of economic dependence on attendance, exhibition, and production; only after World War II did the circle reverse itself and turn vicious.


Polar Record ◽  
2014 ◽  
Vol 51 (2) ◽  
pp. 201-211
Author(s):  
Robert A. Perkins

ABSTRACTAn oil spill that occurred on 21 August 1944 near the Inupiat village of Barrow on Alaska's North Slope provides the focus for a brief history of activity in the face of extreme conditions and the evolving relationship of US Navy personnel and Inupiat natives of the region. The emotional recollections of an Inupiat elder are contrasted with the growing respect of the navy personnel for the Inupiat. The economic and social effects of oil explorations towards the end of World War II and the early post-war years are briefly discussed. These events form a part of the socio-economic background of current and proposed arctic oil development.


2014 ◽  
Vol 66 (3-4) ◽  
pp. 395-422
Author(s):  
Dragan Djukanovic

The history of Montenegro in the 20th and the early 21st century shows that the divisions were very prominent, these including the moment when the Kingdom of Montenegro had been created (after 1918), the period during World War II (1941-1945) as well as the time when its state and legal position was to be resolved. Similar lines of divisions in the Montenegrin society became dominant again during the dissolution of former SFR Yugoslavia (1991-1999) as well as immediately before and after the referendum on the status of the state in 2006 concerning primarily the set of the so-called identity issues. Those issues include the images and contents of Montenegro?s state symbols, the official language (the Montenegrin language since 2007) and the status of the canonically unrecognised Montenegrin Orthodox Church. At the same time, the author points to the disagreements of political actors in Montenegro regarding its membership in the NATO. This prevents the possibility of achieving as broad as possible consensus on the foreign policy identity and orientation of this country. Finally, the author concludes that it is necessary to achieve a broad internal consensus and make a compromise in Montenegro concerning the set of identity issues mentioned above in order to prevent the traditional division in the society.


Author(s):  
Samuel Moyn

Although Nazism was destroyed totally and decisively at the end of World War II, the relationship of intellectuals to it as the years passed thereafter never proved simple. Its formation and evolution depended above all on two factors. First, intellectuals drew on traditions of conceptualising the nature of the Nazi ideology and Adolf Hitler's regime forged before the war: anti-fascism and anti-totalitarianism. Second, an evolving politics of recognition of the particularities of Hitler's agenda, and especially his unique animus towards the Jewish people, proved crucial. The persistence of the earliest traditions of interpreting and denouncing Nazism has been drastically understated in conventional narratives of the postwar history of Europe. It may have been surprising that Christianity, even Christian anti-totalitarianism, could enjoy a massive renaissance in the immediate postwar years, given the active and tacit support which many Christians had lent Nazism in Germany and across the continent. France's case shows that – as elsewhere in the interregnum years between World and Cold War – there was no inevitability to the anti-fascist expulsion of Jewish victimhood from perception and memory.


2020 ◽  
pp. 63-79
Author(s):  
Bernadetta Ciesek-Ślizowska ◽  
Beata Duda ◽  
Katarzyna Sujkowska-Sobisz

The article analyzes communication strategies that reveal the knowledge of and power over a memory narrative connected to The Warsaw Uprising – one of the most crucial events for Poland, and in the history of World War II. The interviews carried out with insurgents and civilians – participants of the 1944 events, constituted the base for the research. Over 1,900 verbal activities of people conducting meetings with witnesses of history were subjected to a detailed review. The authors of the article were primarily interested in these activities’ influence on the shape of the memory narrative. The interpretation of the collected material is accomplished within the confines of critical discourse analysis which focuses on the relationship of knowledge and power as manifested in specific ways language is used.


2018 ◽  
pp. 104-117
Author(s):  
T. Perga

The global economic crisis, which began in 1929, became one of the strongest in the 20th century and most of all, the crisis struck the USA. To overcome its consequences, USA President Franklin Roosevelt has launched large-scale reforms that are known in the history as the New Deal. An important part of this anti-crisis program was the improvement of the environment of the USA. In modern scientific discourse, there are different points of view regarding the motivation of these measures. In the article it is proved that President F. Roosevelt has not only pragmatic goals of creating additional jobs and reducing by thus the social tension in American society. Taking into account the aggravation of environmental problems, for the first time in the history of the USA, their solution was combined with the stimulation of economic growth. Innovative environmental projects (Tennessee Valley Administration, Public Conservation Corps) not only contributed to improving the USA environment, but also laid the foundation of integrated management of natural resources and created the basis for the development of a broad ecological movement after the World War II.


2020 ◽  
Vol 4 (1) ◽  
pp. 14-24
Author(s):  
Mihail Martynov

The article attempts to explain the problems faced by modern Russian politics of memory in connection with falsifications of the history of World War II. Attention is drawn to the reasons for the spread in the public mind of the opinion of the equal responsibility of Germany and the USSR in starting a war. It is shown that the reason for the difficulties of the Russian symbolic policy is the lack of a coherent theoretical construct that allows a logically consistent interpretation of the events of the political history of the first half of the twentieth century. It points to the uncritical acceptance by the Russian political science of the theory of totalitarianism and insufficient attention to the laws of the formation of fascist regimes in Western Europe. It is concluded that inclusion in the world economic system under the conditions of the A historical and comparative approach, comparing the features of using various conceptual foundations of events at the beginning of World War II, depending on the interests and goals of political actors. West inevitably turns out to be supplemented by the loss of sovereignty in the scientific and theoretical sphere.


2019 ◽  
pp. 403
Author(s):  
David Noll

From the Deepwater Horizon disaster to the opioid crisis, multidistrict litigation—or simply MDL—has become the preeminent forum for devising solutions to the most difficult problems in the federal courts. MDL works by refusing to follow a regular procedural playbook. Its solutions are case specific, evolving, and ad hoc. This very flexibility, however, provokes charges that MDL violates basic requirements of the rule of law. At the heart of these charges is the assumption that MDL is simply a larger version of the litigation that takes place every day in federal district courts. But MDL is not just different in scale than ordinary litigation; it is different in kind. In structure and operation, MDL parallels programs like Social Security in which an administrative agency continuously develops new procedures to handle a high volume of changing claims. Accordingly, MDL is appropriately judged against the “administrative” rule of law that emerged in the decades after World War II and underpins the legitimacy of the modern administrative state. When one views MDL as an administrative program instead of a larger version of ordinary civil litigation, the real threats to its legitimacy come into focus. The problem is not that MDL is ad hoc. Rather, it is that MDL lacks the guarantees of transparency, public participation, and ex post review that administrative agencies have operated under since the middle of the twentieth century. The history of the administrative state suggests that MDL’s continued success as a forum for resolving staggeringly complex problems depends on how it addresses these governance deficits.


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