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Video instructions and help with filling out and completing Where Form 2220 Admin

Instructions and Help about Where Form 2220 Admin

Anyhow it is always a great honor to be speaking in front of the world's most demanding audience which is you on a topic about which I am afraid that I do not count this at least according to recognized standards as an expert I have spent my entire academic career using the following format somebody asked me to speak about a subject on which I know nothing and I easily accept the invitation weighed in and come up with a series of conclusions which I hope will offend the sort of established wisdom in any particular area and when I started to think about administrative law at the request of the NYU Journal and law and liberty to participate in this symposium it was a rather interesting setting because I had thought a little bit about this topic but not very deeply not very long and I should say the more I thought about it the more I became convinced that the conventional complacency with respect to the administrative state is in fact wrong and that there are serious problems in the way in which it deals with the rule of law let me sort of begin by telling you a kind of an anecdote about why it is I thought about this when I was at the Hoover Institution one year we had a big seminar on land use and the topic the speech that I gave had the following title which is whether or not Palo Alto in fact observes the rule of law and when you start thinking about this in one sense it's obviously absurd to treat this as though it's a tin-pot dictatorship um lawless and reckless in the neighborhood of Hugo Chavez and that is true because loonies with respect with certain kinds of interests that we have there is in fact a reasonably strong and definite set of property rights such that the deprivation can be governed by very strict and precise rules and I refer here to the rules which deal with matters having to do with a incarceration of individuals and V with seizures of property on the other hand when you start to deal with things where the situation is a bit more nebulous to wit whether or not somebody receives a permit in order to build land on this side or the other piece of property or the question of whether or not the rule of law is in fact observed strikes me as being in much closer question the power of administrative agencies to issue with denied permits will change the value of properties from a million dollars on the one hand through ten million dollars on the other and the question then is can we find any particular way to describe the principles under which that particular choice ought to be exercised and in the years that I've taught land planning it became very clear to me that landmark designation and that zoning situations did not have a set of rules which allowed you to have the same degree of precision with that kind of question that you had with the question as to whether or not somebody should be put into jail for the commission of certain kinds of offenses and so forth and so the central problem that we have to face is how do we deal with the questions of discretion in the modern state now when coming to this particular question I come to it from the framework of a decidedly unfashionable philosophy but take you if you look at the modern political situation I am an effect a kind of an old-line classical liberal and the basic propositions that somebody of my particular persuasions believe can be summarized relatively simply if you ignore some of the inevitable complications and the first of them is that you tend to believe in limited government in which discretion is regarded as a necessary evil rather than some kind of a welcomed good you therefore in effect tried to figure out how you structure public institutions in a way that will limit in-cabin discretion on the theory that too much of this is much likely to create an abuse as opposed to the opposite situation in which government officials have too little kinds of a discretion particularly with respect to matters dealing with the use of liberty and property and on the private side you tend to believe by and large and the importance of voluntary agreements and in the strength of private property types of institutions if you put all of this together it does not lead you into a no government state I don't want to sound like a mad libertarian although occasionally on Thursday evenings I feel that way but it does in a sense create a presumption against government action which has to be met by a showing that there's some serious defect in the system of private arrangements that requires some kind of legislative intervention that works with respect to the public good and for a very long time in this company country we essentially had a relatively small meant that kind of fit that particular model we made it difficult to pass a deuce it didn't mean that you didn't get a statute of frauds or a statute of limitations but certainly the modern administrative agency which has widespread discretion to issue rules and to issue permits was not a feature of the American system until sometime after the Civil War when large industrialization took place then it became a real question as to whether or not some degree of regulation was necessary on a wide range of issues having to deal with safety on the one hand and monopoly on the other hand and the exhaustion of common pool resources on the third hand as it were these were the major heads that we were worried about and it sort of became clear that there was no.

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