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'Saint George and the Dragon': Courts and the Development of the Administrative State in Twentieth-Century America

New Directions in Policy History 110 (Julian E. Zelizer ed., Pa. State Univ. Press 2005

17 J. Pol'y Hist. 110 (2005)

UC Hastings Research Paper No. 2005-01

Posted: 7 Nov 2014  

Reuel Schiller

University of California Hastings College of the Law

Date Written: January 1, 2005

Abstract

This is a historiographical essay advising institutionally-focused political historians to consider the role that courts play in the administrative process. The essay describes the emergence of approaches to political history that are sensitive to the effect that the institutional structures of the state have on policy-making in the United States. It then notes that scholars who write this type of political history often dismiss the importance of courts to policy-making process, particularly after the rise of the modern administrative state in the twentieth century. The essay demonstrates that considering the role of the judiciary in the administrative process provides a more complete portrait of how institutional structures shape policy-making. It does so with two examples. The first describes the relationship between courts and the Department of Agriculture in the first decades of the twentieth century. The second examines how the judiciary shaped the development of the federal welfare bureaucracy in the 1960s and 1970s.

Suggested Citation

Schiller, Reuel, 'Saint George and the Dragon': Courts and the Development of the Administrative State in Twentieth-Century America (January 1, 2005). New Directions in Policy History 110 (Julian E. Zelizer ed., Pa. State Univ. Press 2005; 17 J. Pol'y Hist. 110 (2005); UC Hastings Research Paper No. 2005-01. Available at SSRN: https://ssrn.com/abstract=2519774

Reuel Schiller (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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