Meeting the Demands of Modern Governance: The Administrative Thought of Supreme Court Justice Byron White
Aughenbaugh, John M.
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Meeting the Demands of Modern Governance: The Administrative Thought of Supreme Court Justice Byron White John M. Aughenbaugh Abstract This dissertation examines the administrative principles found in retired Supreme Court Justice Byron Whiteâ s administrative law case opinions. The purposes of the dissertation are to explore and identify the dominant themes found in Whiteâ s administrative law opinions and to discover what public administration can learn from a Supreme Court justice who took more than a passing interest in governance matters. This study has the following research expectations: â ¢ There is an identifiable White administrative law jurisprudence; â ¢ Within this jurisprudence, there are principles that recognize and are sensitive to the demands of modern governance; and â ¢ Whiteâ s administrative thought can be translated and used by public administrators to guide and instruct their work. The first part of the dissertation is descriptive as the dominant themes in Whiteâ s administrative law jurisprudence are identified and examined. Standard case briefing analysis is used for this exploration. The second half of the project is normative, wherein Rohrâ s â regime valuesâ framework is used to explore what public administrators may learn from studying Whiteâ s administrative law opinions. Moreover, this section of the dissertation will explore the extent to which Whiteâ s conception of modern governance incorporates what scholars have referred to as the judicialization of the modern administrative state by the federal courts and what is Whiteâ s conception of a constitutionally competent civil servant.
- Doctoral Dissertations