4 The Administrative State in America

2017 ◽  
Author(s):  
Novak William J
Keyword(s):  
United States ◽  
Common Law ◽  
Theoretical Work ◽  
The United States ◽  
State Building ◽  
Modern State ◽  
Administrative State ◽  
American Tradition ◽  
Late Nineteenth ◽  
American State

This chapter examines the idea of the Continental State in a common-law context, by focusing in particular on the American state. Building on some very recent historical and theoretical work on the American state, the chapter explores the conscious effort of the United States to create a modern state based loosely on the Continental model. It argues that American ideas and institutions were not created in isolation. Rather, from the beginning, American intellectuals, jurists, and state reformers engaged in an extended trans-Atlantic dialogue concerning matters of politics, law, and statecraft. This was especially true of the period that experienced the most extensive transformations in American governance and statecraft — the late nineteenth and early twentieth centuries. Accordingly, this chapter takes a close look at the American tradition of law and state building in this formative era — from 1866 to 1932.

Political Institutions in Liberia

1911 ◽  
Vol 5 (2) ◽  
pp. 213-223 ◽  
Author(s):  
George W. Ellis
Keyword(s):  
United States ◽  
West Africa ◽  
Political Institutions ◽  
The United States ◽  
State Building ◽  
Modern State ◽  
American Democracy ◽  
Political Ideas ◽  
Good Will ◽  
The Government

Liberia will long be a source of permanent interest to the government and people of the United States, not only because it was founded and fostered by American citizens, but because there is going on there in the interest of the African races one of the unique struggles in modern state-building, in an endeavor to perpetuate in West Africa a government fashioned after the American democracy in which liberty shall be limited and regulated by law.Under the most unfavorable circumstances the Liberian people have entered upon a grave and stupendous undertaking. The high political ideas and principles which they represent, the ardor and fidelity with which they have maintained them for nearly three quarters of a century against European opposition and in the midst and in the presence of the overwhelming numbers and dissimilar civilization of their African kinsmen, entitle them to the sympathetic consideration and good will of all liberty-loving nations.

scholarly journals The Patrimonial Turn In The American State

2019 ◽  
Author(s):  
Jeffrey Broxmeyer
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Collective Action ◽  
Public Administration ◽  
The United States ◽  
Administrative State ◽  
Recent Developments ◽  
Political Entrepreneurs ◽  
Modern Experience ◽  
American State

Donald Trump’s presidency represents a “patrimonial turn” in the American state. The trend is departure from modern experience, particularly the fusion of personal business and officeholding functions. Yet, governance by family and friends has deep historical roots. The nineteenth-century spoils system mixed public administration with party and personal business in a way that rhymes with recent developments. The Long Reagan Coalition’s project to deconstruct the administrative state has reopened the door to sweeping bureaucratic experimentation by political entrepreneurs like Trump and his appointees. Today, patrimonialism has emerged as a management vehicle to solve problems of collective action, binding together an unstable, and otherwise unlikely, political alliance. Debates on de-democratization in the United States would be well served by examining the implantation of patrimonialism in historical and comparative perspective.

Herbert Hoover's Last Laugh: The Enduring Significance of the “Associative State” in the United States

1998 ◽  
Vol 10 (4) ◽  
pp. 419-444 ◽  
Author(s):  
David M. Hart
Keyword(s):  
United States ◽  
The United States ◽  
State Building ◽  
Institutional Constraints ◽  
Policy Entrepreneurs ◽  
American State

State-building in America is a tortuous process. Policy entrepreneurs who seek to establish new state capacities face significant ideological and institutional constraints. These constraints often limit the scope of their entrepreneurship and typically force them to compromise or adapt their ideals to fit political circumstances. Yet, although its path of development has been convoluted, there is an American state and not a trivial one at that. Indeed, the same features of the polity that constrain state-building can also motivate and support it.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Fiduciary Principles in Contemporary Common Law Systems

2019 ◽  
pp. 564-582
Author(s):  
Matthew Conaglen
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Standards Of Care ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Similarities And Differences ◽  
Fiduciary Relationships

This chapter examines the principles of fiduciary doctrine that are found in contemporary common law systems. More specifically, it considers the current similarities and differences between various jurisdictions such as England, Australia, Canada, and the United States. The similarities focus on the duties of loyalty, care and skill, and good faith, as well as when fiduciary duties arise and the kinds of interests that are protected by recognition of fiduciary relationships. The chapter also discusses the issue of differences between various jurisdictions with regard to the duty of care and skill before concluding with an analysis of differences between remedies that are made available in the various contemporary common law jurisdictions when a breach of fiduciary duty arises. It shows that the regulation of fiduciaries appears to be reasonably consistent across common law jurisdictions and across various types of actors, even as such actors are expected to meet differing standards of care. Statute plays a key role in the regulation of various kinds of fiduciary actors, especially corporate directors.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

The English Common Law in the United States

1910 ◽  
Vol 24 (1) ◽  
pp. 6 ◽  
Author(s):  
Herbert Pope
Keyword(s):  
United States ◽  
Common Law ◽  
The United States

Japanese Multinationals in the United States: Continuity and Change, 1879–1990

1990 ◽  
Vol 64 (4) ◽  
pp. 585-629 ◽  
Author(s):  
Mira Wilkins
Keyword(s):  
United States ◽  
Direct Investment ◽  
The United States ◽  
Business Leaders ◽  
Late Nineteenth Century ◽  
Historical Survey ◽  
Continuity And Change ◽  
Late Twentieth ◽  
Late Nineteenth ◽  
Late Twentieth Century

A great deal of attention has recently been focused on the extent of Japanese direct investment in the United States. In the following historical survey, Professor Wilkins details the size and scope of these investments from the late nineteenth century, showing that Japanese involvements in America have deep historical roots. At the same time, she analyzes the ways in which late twentieth century Japanese direct investment differs from the earlier phenomenon and attempts to explain why it has aroused such concern among both business leaders and the general public.

The American War in Afghanistan

2021 ◽  
Author(s):  
Carter Malkasian
Keyword(s):  
United States ◽  
Decision Making ◽  
The United States ◽  
State Building ◽  
The State ◽  
The Us ◽  
History Of ◽  
Narrative Format

The American War in Afghanistan is a full history of the war in Afghanistan between 2001 and 2020. It covers political, cultural, strategic, and tactical aspects of the war and details the actions and decision-making of the United States, Afghan government, and Taliban. The work follows a narrative format to go through the 2001 US invasion, the state-building of 2002–2005, the Taliban offensive of 2006, the US surge of 2009–2011, the subsequent drawdown, and the peace talks of 2019–2020. The focus is on the overarching questions of the war: Why did the United States fail? What opportunities existed to reach a better outcome? Why did the United States not withdraw from the war?

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