By David H. Rosenbloom, Rosemary O'Leary, Joshua Chanin
A useful instruction manual for Public Administrators
Despite the mammoth literature on administrative legislation and the courts, few books appropriately exhibit how judicial judgements have remodeled American public management notion and perform. Public management and Law is the 1st e-book of its variety to comprehensively study the influence of judicial judgements at the company of public management. a realistic advisor for practitioners, this e-book is going past a theoretical framework and offers concrete recommendation for real-world events. instead of abstractly and usually speak about doctrines corresponding to procedural and considerable due method, the booklet analyzes their software to express contexts within which directors have interaction members.
Written in a non-technical model, the quantity discusses modern federal administrative legislations and judicial assessment of company motion (or inaction). It in actual fact explains the overall framework that controls company rule making, adjudication, liberate of data, and similar concerns. moreover, a piece is integrated at the burgeoning and litigious box of environmental legislation, and recommendation is gifted as to what public directors want to know approximately environmental rules and what can occur to those that fail to go them. Now in its moment version, this guide is a needs to for public directors who are looking to effectively steer clear of judicial scrutiny and problem in their legitimate activities.
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Extra info for Public Administration and Law (3rd Edition) (Public Administration and Public Policy)
54 Sometimes this (or something very like it) seems to be what Scalia himself is getting at: ‘we do not really look for subjective legislative intent. e. 56 52 R. ’ Of course, wills are an easier kind of legal text with regard to the recovery of speaker meaning (m-intention), as they are usually the utterance of a single individual whose purpose is very circumscribed and the temporal-spatial distance between formulation, on the one hand, and interpretation and application, on the other, is usually much shorter than that of statutes (or constitutions).
While co-text (neighboring words/phrases) surely can and often does play an important role in how we interpret a given word or phrase, noting this doesn’t take us very far into the context issue and it’s not clear that we would want such a specific interpretive rule. In the case of Smith v United States, O’Connor turned to wider textual context (and an implicit appeal to textual coherence) to support her position. A later and related section of the same statute concerns the seizure and forfeiture of any ‘firearm and ammunitions intended to be used’ in any of several crimes, explicitly including illegal interstate transfer and trade of firearms.
4), for discussion of literalism and (several varieties of ) contextualism. 31), 144. 1), 49 discusses a number of ways in which speakers may fail to fulfil a maxim, some of which will be evident to hearers. 2. Robyn Carston 25 the ‘use of a firearm’ might have intended, expected, or hoped that the statute would reduce the occurrence of certain crimes, that it would lead to tighter control of gun licenses, that it would improve the safety of children, and so on, but it is not the recovery of these intentions that is the goal of the interpretive process, the process of ascertaining the meaning of the text.
Public Administration and Law (3rd Edition) (Public Administration and Public Policy) by David H. Rosenbloom, Rosemary O'Leary, Joshua Chanin