Search Results for: is administrative law unlawful
April 4, 2024 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author of Is Administrative Law Unlawful? I thought I would follow up “The case against administrative law” with the interview I conducted with Professor Hamburger back in 2014, after I had reviewed Is Administrative Law Unlawful? for National Review. It may be slightly dated. However, as the song goes, “the fundamental things apply.”
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July 7, 2023 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author of several books including Is Administrative Law Unlawful? (2014). Steve Hayward mentioned the book earlier this week in “Will the Supreme Court dismantle the administrative state?” Professor Hamburger argues that administrative law is unlawful, unconstitutional, and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the
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July 14, 2014 — Scott Johnson
When I set out writing about Philip Hamburger’s Is Administrative Law Unlawful?, I did so for two reasons. First, it’s the most important book I have read in a long time. Second, it’s a forbidding work of legal history that makes few concessions to the general reader. It isn’t easy reading and I thought it was at risk of being widely ignored. I do think the book was at risk
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July 7, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government.
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July 6, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government.
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July 4, 2014 — Scott Johnson
In advance of the holiday weekend and late in the afternoon yesterday, the Obama administration released 1,300 pages of new Obamacare regulations, adding to the more than 10,000 pages previously promulgated. This is the way we live now under the regime of the administrative state, subject to regulations dwarfing the laws duly enacted by Congress. Continuing our series of excerpts from Columbia Law School Professor Philip Hamburger’s important new book
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July 3, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger gave us his take on the book here. My take is that it is the most important book I have read in a long time. Professor Hamburger argues that administrative law is unlawful, unconstitutional and
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July 2, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? It is the most important book I have read in a long time. I think this will be the first post in a series that will feature the book. Here I have invited Professor Hamburger to preview
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April 11, 2024 — Scott Johnson
Over the weekend I received an invitation to attend the New Civil Liberties Alliance conference hosted by George Washington University Law School yesterday: “Is administrative law still unlawful?” (Plot spoiler: the answer is “yes.”) Luckily for me, I am in Washington visiting family this week and was able to attend the conference. The conference celebrated the tenth anniversary of the publication of Professor Philip Hamburger’s monumental treatise Is Administrative Law
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April 5, 2024 — Scott Johnson
Philip Hamburger’s Is Administrative Law Unlawful? (2014) constitutes a pioneering work of intellectual restoration. Provoked by recent developments in administrative law, I have returned to it this week. Just in time for this concluding post, I heard from Professor Hamburger last night. He wrote: Dear Scott, Thank you so much for your kind discussion of my book! Alas, there is still a long way to go in clearing up the
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April 3, 2024 — Scott Johnson
Every day the news brings word of edicts handed down from on high by rulers whose names we have never heard of or voted for. I mean the heads of the various administrative agencies that control every corner of our lives. Administrative law is not an inherently interesting subject. You may not be interested in administrative law, but administrative law is interested in you. William F. Buckley, Jr. used to
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July 3, 2023 — John Hinderaker
As I have written more than once, the government we live under is not the one described in the Constitution. The ubiquitous and powerful arm of our government, found nowhere in the Constitution, is the Fourth Branch, the plethora of federal agencies, the administrative state. The administrative state has assumed much of the power that the Constitution assigns to the legislative and executive branches, a development that has progressed now
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July 21, 2018 — Steven Hayward
It’s not just here in California and New York that climate change lawsuits are being dismissed. Over in Britain a similar lawsuit has just been dismissed: Environmental campaigners lose High Court battle over carbon target Environmental campaigners have lost their High Court challenge against the Government over its policy for tackling climate change. Charity Plan B Earth brought legal action against the Government’s stance on the 2050 carbon target, set under
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March 6, 2018 — Paul Mirengoff
Yesterday, Judge Roger Titus ruled that President Trump’s phaseout of the Obama-era DACA program is legal. Judge Titus is a senior federal district court judge for the district of Maryland. He’s one of the best district court judges I ever practiced before. However, it would take only a moderately able, fair-minded judge to rule as Judge Titus did in this case. Judge Titus’ opinion is here. It takes a few
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February 14, 2018 — Scott Johnson
I wrote about the problem of the administrative state in “A new old regime,” my review of Philip Hamburger’s audaciously great book Is Administrative Law Unlawful? (Plot spoiler: the answer is yes.) Even with a lot of help from my friends at the Claremont Institute, it took me a long time to understand the problem. Professor Hamburger expedited the process. The problem is the unconstitutionality, unwisdom, unaccountability, and lawlessness inherent
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November 21, 2017 — Scott Johnson
As it wound up its 2017 National Lawyers Convention this past Saturday, the Federalist Society convened an all-star panel to discuss administrative agencies and the separation of powers. Newly minted Eleventh Circuit Judge Kevin Newsom served as the panel’s moderator. The panel of law professors included Boston University’s Gary Lawson, the author of a classic article on administrative law, and Columbia University’s Philip Hamburger, author of (in my estimation) the
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July 6, 2017 — Scott Johnson
At the RealClearPolicy site, editor M. Anthony Mills has posted a good summary of Professor Philip Hamburger’s critique of the administrative state — the regime of administrative law promulgated and administered by administrative agencies — set forth this year in the inspired Encounter Books pamphlet The Administrative Threat. I recently noted Professor Hamburger’s pamphlet here. I wrote about Professor Hamburger’s great work of scholarship on the subject — Is Administrative
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