Notice & Comment

Symposia

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A MODERN DEMOCRATIC STATE, IF WE CAN KEEP IT: Response to Commentators in the Symposium on New Democracy: The Creation of the Modern American State, by William J. Novak

*This is the twelfth and final post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It is truly an honor to have my new book New Democracy serve as the vehicle for these 12 diverse, thoughtful, and fully engaged commentaries on […]

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New Democracy and the Problem of Legislative Discretion, by Jane Manners

*This is the eleventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Thomas Cooley is only a minor figure in Bill Novak’s field-shaping book New Democracy: The Creation of the Modern American State. A chief justice of the Michigan Supreme […]

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The (Re)New(ing) Democracy and Cyclical Forms and Substance of Regulatory Governance, by Orly Lobel

*This is the tenth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Novak’s New Democracy is a dazzling historical blueprint of progressive reform with utmost pressing relevance for our immediate future. The story of the New Deal as a paradigm […]

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Lessons from Novak’s New Democracy for Federal Administrative Law

*This is the ninth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It’s a privilege to participate in this symposium on William Novak’s important new book New Democracy: The Creation of the Modern American State. New Democracy is an engaging, […]

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Industrial Policy, Warfighting, and the Creation of the Modern American State, by Ganesh Sitaraman

*This is the eighth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Bill Novak has written a terrific book, filled with important contributions. Three big ones stand out. The first appears in his conclusion, titled “the myth of the New […]

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Regulatory History by the Book, by Richard R. John

*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. William J. Novak’s New Democracy: The Creation of the Modern American State is a bracing conspectus of the legal values that shaped the evolution of governmental institutions in […]

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Constitutionalism and New Democracy: Two Questions, by Ashraf Ahmed

*This is the sixth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Bill Novak’s New Democracy, like his first book The People’s Welfare, is a characteristically learned, conceptually sophisticated, and expansive history of the American regulatory state. This time, however, […]

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Recovering Contingency within American Antimonopoly and Democracy, by Laura Phillips Sawyer

*This is the fourth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. In his chapter on antitrust law and the American antimonopoly tradition, the penultimate substantive chapter of the book, Novak covers much familiar ground. Yet, he is not focused […]

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New Democracy: Finding Hope in the Past and Heavy Lifting for the Future, by Kate Andrias

*This is the third post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Bill Novak has written a remarkable book that debunks the myth that the American state was weak and unconcerned with providing for social welfare until it was transformed […]

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All Roads Lead to the White House, by Andrea Scoseria Katz

*This is the second post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Over six chapters, William J. Novak’s soon-to-be classic New Democracy tracks the evolution of six instrumentalities of the early 20th-century American state—citizenship, police power, public utility, social legislation, antimonopoly regulation, […]

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Revolution Versus Evolution in Bill Novak’s New Democracy, by Sophia Z. Lee

*This is the first post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Bill Novak’s New Democracy is a feast of a book and is a must read for anyone interested in administration and its history. The book stretches from the […]

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Symposium Introduction: Novak’s “New Democracy: The Creation of the Modern American State,” by Nicholas R. Parrillo

*This is the introduction to a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. For a generation, William Novak has been a major influence on scholarly discourses in legal history, public law, and American political development. Against the stereotypical narrative that American government before […]

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Decisional Independence of Administrative Adjudicators: Perspectives from ACUS, by Jeremy Graboyes

*This is the tenth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. To conclude this symposium, I’ve been asked to describe recommendations of the Administrative Conference of the United States (ACUS) that bear on the decisional independence of federal agency adjudicators. While this post describes […]

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Agency Adjudication and Congress’s Anti-Removal Power

*This is the ninth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. There is a growing concern in administrative law circles, and especially among administrative law judges and other agency adjudicators, that the decisional independence of agency adjudicators is increasingly being threatened. At least formally, […]