The Law in Failure - Administrative Law

 The stated goals of administrative law can vary depending on the jurisdiction and legal system in question. However, some common goals include promoting accountability, fairness, efficiency, and legality in the exercise of governmental powers. It is important to note that administrative law is a complex and evolving field, and its successes and failures can be subjective and context-dependent. While I can provide you with a general overview, it may not cover all perspectives or specific studies on the topic.

1. Promoting Accountability:

• Goal: Administrative law seeks to ensure that government agencies and officials are accountable for their actions and decisions.
• Failures: Some critics argue that administrative agencies may become too insulated from public scrutiny and lack sufficient checks and balances. They claim that agencies often have broad discretionary powers and may evade accountability through bureaucratic processes.
• Studies: One study by Daniel Carpenter and David Moss (2009) titled "Preventing Capture: Special Interest Influence and How to Limit it" explores the challenges of agency capture and the potential influence of special interests on administrative decision-making.

2. Ensuring Fairness:

• Goal: Administrative law aims to guarantee fairness and due process to individuals affected by administrative actions, protecting their rights and preventing arbitrary or discriminatory behavior.
• Failures: Critics point out instances where administrative procedures may be slow, cumbersome, or lack transparency, resulting in delays, inconsistent decisions, or limited access to justice.
• Studies: "Delay and Due Process in Administrative Law" by Jerry Mashaw (2002) examines the impact of delays in administrative proceedings and their implications for fairness and due process.

3. Promoting Efficiency:

• Goal: Administrative law seeks to streamline bureaucratic processes, promote efficiency, and deliver effective public services.
• Failures: Critics argue that administrative procedures can be overly complex, resulting in inefficiencies, redundant regulations, and burdensome compliance requirements.
• Studies: "Costs and Benefits of Regulation: Review and Analysis" by Cass R. Sunstein (2012) provides an analysis of the costs and benefits of regulation, highlighting the potential inefficiencies and burdens associated with excessive administrative procedures.

4. Ensuring Legality:

• Goal: Administrative law aims to ensure that government agencies act within the boundaries of the law, preventing abuse of power and ensuring legal compliance.
• Failures: Critics suggest that administrative agencies may overstep their authority or interpret laws in a manner that exceeds their delegated powers, leading to potential violations of individual rights or constitutional principles.
• Studies: "Chevron Deference: Unraveling the Mythology" by Nicholas Bagley, Julian Davis Mortenson, and Gillian E. Metzger (2015) explores the debate around judicial deference to administrative agencies' legal interpretations, raising concerns about potential legal overreach.

It is worth noting that the field of administrative law is vast, and the assessment of successes and failures often involves ongoing debates and diverse viewpoints. The studies cited here provide only a limited snapshot of the extensive scholarship and literature available on administrative law. For a more comprehensive understanding, it is recommended to explore legal journals, academic research, and consult legal experts in the specific jurisdiction of interest.

The Law in Failure - Introduction

Supernatural Power Doctrines of the Law Violate the Establishment Clause

The lawyer profession is a glorified organized crime crew. Its only validation are men with guns. It has close to no studies showing reliability or validity of any of its rules, regulations, laws, or policies. Much of it is made up. When they make things up, those things promote lawyer enrichment and rent seeking. Its core doctrines involve supernatural powers attributed to God in accordance with the faith of the Medieval  Catholic Church. These include mind reading, future forecasting of rare accidents. The standard of behavior are to be set by a fictitious character, a thinly disguised Jesus. These supernatural powers attributed to God violate the Establishment Clause when applied to legal practice. 

The lawyer profession is likely more toxic than organized crime. 

The sole tool of the law is punishment. One would think such a painful tool would have careful application, confidence in the benefits, and would add to the economy. None of those aspirations happen. 

This series will cover the self stated goals of all law subjects, and compare them to the outcomes. These outcomes are often ghastly, and nearly all are in utter failure. Empirical studies will be sought to support these assertions. 

Judicial Review is Prohibited by Article I Section 1 Giving all Legislative Power to Congress

The lawyer profession is so toxic, it must be crushed to save the nation. It should be restarted with empirical validation of every part of it. Judges should have a separate education. All judging students should be mature people who have suffered a little. Then that job should be taught as separate from lawyering. The culture must be to apply the law, not to make the law. Making any law, including repealing laws, violates the plain language of Article I Section 1. It gives all legislative powers to the Congress. Every judicial review is in insurrection against the constitution and a federal crime. Arresting appellate judges has full justification. The lawyer profession is engaging in a cover up of this massive insurrection. These judges are totally unqualified to make policy. Judicial review has been catastrophic. Its first instance was Dred Scott. It cancelled a law that prevented war for 20 years. It violated a ratified international treaty. It made up a fictitious doctrine unsupported by the constitution, substantive due process rights in the Fifth Amendment. 

Today the Rule of Law is Just Feelings Enforced by Men with Guns

Today, the rule of law is just the feelings of intellectually limited and ignorant people. Their first priority is rent seeking. Any equity, adequacy, and order  from these practices are accidental and the crumbs left to the public. The sole external validation of the decisions are some men with guns to impose the decisions and policies. They fail to meet the minimum criteria for reliability (consistency) or for validity (successful remedies). There is no equity, which is the same treatment for everyone. The number of injustices is in the billions, with no legal recourse in the overwhelming majority of cases. Equity and effectiveness are mandted by the Fifth Amendment Procedural Due Process right to a fair hearing. The entire practice of this profession is unconstitutional to the extent of its inconsitencies and ineffectiveness. 

The Dose Response Curve Likely Applies to All Legal Remedies

Beyond equity and effectiveness, all rules should be tested for safety and effectiveness in small jurisdictions, prior to enactment in large jurisdictions. The concept of the dose-response curve likely applies to all legal remedies. This concept from pharmacology implies that too small a dose does not work. Too large a dose is toxic. That curve takes hard work to delineate, but should be required of all remedies. 

The Subjects of the Law

These are the subjects of the law. Each has self stated goals, and benefits to the public. Without exception, all fail to achieve their goals, and actually contribute to public toxicity, delaying remedies. Only advances in technology have contributed to the remedies of the problems addressed by these subjects. The $trillion wasted on the failed administration of the rule of law should be partially or mostly diverted to research and development. 

1. Adoption Law

2. Administrative Law

3. Admiralty Law

4. Agricultural Law

5. Animal Rights Law

6. Antitrust Law

7. Art Law

8. Artificial Intelligence Law

9. Autonomous Vehicles Law

10. Aviation Law

11. Banking and Finance Law

12. Bankruptcy Law

13. Biotechnology Law

14. Blockchain and Cryptocurrency  Law

15. Cannabis Law

16. Civil Rights Law

17. Climate Change Law

18. Commercial Law

19. Community Property Law

20. Comparative Law

21. Competition Law

22. Conflict of Laws

23. Constitutional Law

24. Construction Law

25. Consumer Protection Law

26. Contract Law

27. Copyright Law

28. Corporate Governance Law

29. Corporate Law

30. Criminal Law

31. Cultural Property Law

32. Cyber/Internet Law

33. Cybercrime Law

34. Cybersecurity Law

35. Data Protection Law

36. Data Security Law

37. Digital Content Regulation Law

38. Digital Currency Regulation Law

39. Digital Health Law

40. Digital Privacy and Information Security Law

41. Disability Law

42. Disaster Law

43. Drone Law

44. E-Commerce Law

45. E-Sports Law

46. Education Law

47. Education Technology Law

48. Elder Abuse Law

49. Elder Financial Abuse Law

50. Elder Law

51. Election Law

52. Election Security Law

53. Employee Benefits Law

54. Employment Discrimination Law

55. Energy Efficiency Law

56. Energy Law

57. Energy Regulation Law

58. Entertainment Law

59. Environmental Conservation Law

60. Environmental Law

61. Equine Law

62. Estate Law

63. Ethics Law

64. Family Law

65. Family Mediation Law

66. Fashion Law

67. Financial Services Regulation Law

68. Financial Technology (FinTech) Law

69. Food and Drug Law

70. Foreclosure Law

71. Forensic Law

72. Foster Care Law

73. Franchise Law

74. Gaming Law

75. Genetic Information Law

76. Genome Law

77. Health Information Law

78. Health Law

79. Healthcare Compliance Law

80. Historic Preservation Law

81. Homeowner Association Law

82. Hospitality Law

83. Housing Law and Landlord-Tenant Law

84. Human Rights Law

85. Immigration Law

86. Indigenous Peoples Law

87. Information Technology Law

88. Infrastructure Law

89. Inheritance Law

90. Insurance Law

91. Intellectual Property Law

92. International Arbitration Law

93. International Environmental Law

94. International Humanitarian Law

95. International Law

96. International Trade Law

97. Investment Law

98. Juvenile Law

99. Labor and Employment Law

100. Land Acquisition Law

101. Land Use Law

102. Legal Ethics and Professional Responsibility Law

103. Legislative Law

104. Lending and Securities Law

105. LGBTQ+ Rights Law

106. Libel and Slander Law

107. Life Sciences Law

108. Liquor Licensing Law

109. Maritime Law

110. Media Law

111. Medical Law

112. Medical Malpractice Law

113. Mental Health Law

114. Merger and Acquisition Law

115. Military Law

116. Mineral Rights Law

117. Mining Law

118. Motor Vehicle Law

119. Mortgage Law

120. Motor Vehicle Law

121. Municipal Law

122. Native American Law

123. Natural Disaster Law

124. Natural Resources Law

125. Neurotechnology Law

126. Non-Profit and Charitable Organization Law

127. Nonprofit Law

128. Nuclear Energy Law

129. Occupational Licensing Law

130. Occupational Safety and Health Law

131. Online Defamation Law

132. Patent Law

133. Patent Litigation

134. Pension Law

135. Personal Data Law

136. Pesticide Law

137. Petroleum Law

138. Pharmaceutical Law

139. Police Law

140. Political Law

141. Pollution Law

142. Privacy Law

143. Privacy Rights in Employment Law

144. Private Equity Law

145. Probate Law

146. Product Liability Law

147. Product Safety Law

148. Professional Discipline Law

149. Professional Liability Law

150. Property Law

151. Public Contract Law

152. Public Finance Law

153. Public Health Law

154. Public Interest Law

155. Public International Law

156. Public Utility Law

157. Railroad Law

158. Real Estate Law

159. Regulatory Law

160. Regulatory Compliance Law

161. Renewable Energy Law

162. Reproductive Rights Law

163. Research Law

164. Retail Law

165. Right to Information Law

166. Risk Management and Insurance Law

167. Robotics Law

168. School Law

169. Secured Transactions Law

170. Securities Law

171. Securities Regulation

172. Sexual Harassment Law

173. Shareholder Rights Law

174. Social Entrepreneurship Law

175. Social Media Law

176. Social Security Disability Law

177. Social Security Law

178. Space Law

179. Special Education Law

180. Sports and Recreation Law

181. Sports Law

182. State and Local Government Law

183. Student Rights Law

184. Supply Chain Law

185. Surrogacy Law

186. Sustainable Business Law

187. Sustainable Development Law

188. Tax Exemption Law

189. Tax Law

190. Technology Law

191. Telecommunications Law

192. Telehealth Law

193. Tort Law

194. Toxic Torts Law

195. Trade Law

196. Trademark Law

197. Traffic Law

198. Transgender Rights Law

199. Transportation Law

200. Transportation Security Law

201. Travel Law

202. Trusts Law

203. Unemployment Insurance Law

204. Unmanned Aerial Systems (UAS) Law

205. Urban Law

206. Urban Planning and Development Law

207. Venture Capital Law

208. Veterans Benefits Law

209. Veterans' Law

210. Virtual Currency Law

211. Water Law

212. Water Rights Law

213. Wetlands Regulation Law

214. White-Collar Crime Law

215. Wildlife Law

216. Wine Law

217. Workers' Compensation Law

218. Workers' Rights Law

219. Workplace Safety and Health Law

220. Zoning Law