New Books In Law

Jon D. Michaels, a professor of law at UCLA Law School, has written an argument in favor of the administrative state and against recent efforts to shift government functions to private contractors.  In Constitutional Coup: Privatization’s Threat to the American Republic (Harvard University Press, 2017), Professor Michaels contends that the administrative state of the New Deal and post-World War II periods was a state that rightly fulfilled state functions by having an administrative entity and its dedicated employees carry out regulatory functions, rule-making, and adjudication.  Professor Michaels rejects the claim that bureaucrats are a threat to the proper functioning of government; and instead argues that they are experts that serve as a counterweight to politically motivated appointed agency heads.  He sees in the modern administrative state a recreation of the separation of powers (legislative, executive, and judicial) that harkens back to the Founders’ concerns about consolidated power and tyranny. Pro