Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. This (...) update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

There has always been a tension, in theory, between the public accountability and the professional efficiency of the agencies of the administrative state. How has that tension been handled? What would it be like for it to be well handled?

Automated decision-making takes up an increasingly significant place in the administrative state. This article presents a conception of discretion that is helpful for evaluating the proper place of algorithms in public decision-making. I argue that the algorithm itself is not a site of discretion. The threat is that automated decision-making alters the relationships between traditional actors in a way that can cut down discretion and human commitment. Algorithmic decision-makers can serve to fetter the discretion that the legislature and (...) the populace expect to be exercised. We must strive to maintain discretion, moral agency, deliberative ideals, and human commitment through the system that surrounds the use of an algorithm and to develop a new expertise that can retain and exercise the expected discretion. Backing this argument are traditional legal constraints, public expectations, and administrative law principles, tied together through the organizing principle of discretion. (shrink)

This essay examines certain epistemic problems facing administrative states’ efforts to draft efficient regulations for their societies. I argue that a basic feature of the administrative state’s authority, namely its monopoly over the production of legally binding rules for all members of a geographically defined society, creates epistemic problems that impede efficient rule-making. Specifically, the administrative state’s monopoly over the production of legally binding rules prevents multiple public policies from being simultaneously implemented and compared. The (...) resulting singularity of administrative states’ regulatory decisions prevents observation of the counterfactual effects of policies that were possible but which were not implemented. The absence of observable policy counterfactuals frustrates efforts to assess the efficiency of administrative states’ decisions, as it is impossible to determine whether different policies would have generated greater benefits at lower cost than the policy the state implemented. As these epistemic problems are derived from the singularity of administrative states’ decisions, they exist independently of principal agent problems, suboptimal incentives, or the preferences and capabilities of administrative personnel. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of (...) class='Hi'>state capture. It then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

Contemporary critiques of the administrative state are closely bound up with the distinctively American doctrine that republican freedom requires that the legislative, executive, and judicial powers be exercised by separate and distinct branches of government. The burden of this essay is to argue that legislative delegation and judicial deference to the administrative state are necessary, or at least highly desirable, features of a democratic separation of powers regime. I begin by examining the historical and conceptual roots (...) of the separation of powers doctrine, paying particular attention to the unique way in which it was adapted to fit the American case. I then examine three concerns that the resulting constitutional system raises about the republican freedom of those who are subject to it—which I call the accountability, legitimacy, and stability concerns—and argue that the administrative state is a useful, albeit imperfect, tool for reducing the unavoidable tension between these concerns. The thrust of this discussion is to push us away from “in principle” objections to the administrative state, and back toward the kinds of prudential considerations that are associated with ordinary liberal politics. More importantly, the aim of the essay is to encourage sober reflection on the real dangers that face the American constitutional system under current circumstances. (shrink)

The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics (...) and administration, which was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform. (shrink)

Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.

When the modern administrative state emerged in America during the Progressive Era, at the beginning of the twentieth century, it was typically grounded on the premise that administrative officials are experts who should be insulated from politics. This theory, combined with emerging ideas of scientific management, contributed to the intellectual justification for the administrative state. However, progressives never fully reconciled the tension between this theory and the democratic nature of American politics. Because of this ambiguity (...) and tension in the progressives’ theory of expertise, the politics/administration dichotomy was abandoned shortly after the administrative state was constructed. The place of expertise in the administrative state is still ambiguous, even in the twenty-first century. (shrink)

This essay examines the administrative state as a ubiquitous phenomenon that results in part from the mismatch of incentives. Using two dramatic episodes in the history of economics, the essay considers two types of mismatch. It then examines how economists increasingly endorsed the “general good” as a unitary goal for society, even at the expense of private hopes and desires. More than this, their procedures and models gave them warrant to design mechanisms and advocate for legislation and regulations (...) to “fix” the supposedly suboptimal choices of individuals in service to the overarching goal. The rise of New Welfare Economics dealt an additional blow to the sovereignty of individual motivations, notwithstanding that Hayek and Buchanan warned that this engineering approach allowed social goals to override individual preferences. Throughout, the argument is that it is important to recognize that people within or advising the administrative state are influenced by the same sorts of motivations as actors throughout the economy. (shrink)

Following the Roosevelt administration’s implementation of New Deal programs in the 1930s, the federal courts began to interpret the Constitution in a way that accommodated the rise of the “administrative state,” and bureaucratic policymaking continues to persist as a central feature of American government today. This essay submits, however, that the three pillars supporting the administrative state—the congressional delegation of Article I powers to the executive branch, the combination of powers within individual administrative entities, and (...) the insulation of administrators from political control—might be reconsidered by the courts in the near future. After showing that the constitutionality of the administrative state has come under recent judicial scrutiny, the essay turns to the administrative law principle of deference, and argues that a reassessment of the Chevron doctrine seems imminent. Finally, the essay examines federal courts’ heavy use of “hard look” review as a means of curtailing agency discretion during recent administrations, and concludes that this judicial practice stands in uneasy tension with republican principles. (shrink)

Conventional accounts of liberal democracy tend to obscure a basic fact: the phenomenon of administration. The American reception of the administrative state was self-consciously imitative of Continental models of state bureaucracy, as a remedy for the ills of democratic politics, but construed as a means of saving democracy from itself, and from lawyers and legalism, in the name of efficiency. The means was discretionary power, unaccountable to the courts and to voters. Reconciling this to democracy proved a (...) challenge, and continues to be one. (shrink)

In the past 40 years there have been a number of significant developments across the fields of educational administration and history. In this volume, the authors have selected a number of key issues to illustrate and trace these changes. The seven articles by leading scholars in the field offer an analysis of contemporary educational administration, history and policy debates and how this has impacted on teachers, leaders, schools and the education sector. This book offers readers a valuable insight into continuing (...) and contemporary debates in the field and the authors offer a refreshing interpretation of these debates. This book provides a rich analysis from a range of theoretical, methodological perspectives and highlights the extent to which these debates remain a contemporary concern. This book was published as a special issue of the _Journal of Educational Administration and History_. (shrink)

In the past 40 years there have been a number of significant developments across the fields of educational administration and history. In this volume, the authors have selected a number of key issues to illustrate and trace these changes. The seven articles by leading scholars in the field offer an analysis of contemporary educational administration, history and policy debates and how this has impacted on teachers, leaders, schools and the education sector. This book offers readers a valuable insight into continuing (...) and contemporary debates in the field and the authors offer a refreshing interpretation of these debates. This book provides a rich analysis from a range of theoretical, methodological perspectives and highlights the extent to which these debates remain a contemporary concern. This book was published as a special issue of the _Journal of Educational Administration and History_. (shrink)

This article explores the challenges surrounding generative artificial intelligence (GenAI) in public administrations and its impact on human‒machine interactions within the public sector. First, it aims to deconstruct the reasons for distrust in GenAI in public administrations. The risks currently linked to GenAI in the public sector are often similar to those of conventional AI. However, while some risks remain pertinent, others are less so because GenAI has limited explainability, which, in return, limits its uses in public administrations. Confidentiality, marking (...) of GenAI outputs and errors are specific matters for which responses should be technical as well as cultural, as they are pushing the boundaries of our instrumental conceptions of machines. Second, this article proposes some paradigm shifts in the perspective of using GenAI in public administrations due to the radical change caused by its language-based nature. GenAI represents a profound break from the “numerical” nature of AI systems implemented in public administrations to date. The transformative impact of GenAI on the intellectual production of the state raises fears of the replacement, or rather enslavement, of civil servants to machines. The article argues for the development of critical thinking as a specific skill for civil servants who have become highly specialized and will have to think with a machine that is eclectic by nature. It anticipates a transformation in the political nature of public administrations, which should lead to more considerations for the strategic stake related to training corpus and for our conceptualization of the neutrality of AI. (shrink)

In many cases, mosques have been accused by anti-terror agencies as a potential place to spread transnational Islamic ideologies. This study examines the perceptions of mosque administrators (ta’mīr) about Pancasila, Islamic sharia and transnational ideology. This research took place in South Tambun, a densely populated subdistrict in Bekasi, West Java. Mostly populated by urbanites, it has heterogeneous religious understanding. A quantitative research method with descriptive statistics is used in this study to analyse the results of the survey conducted. Furthermore, a (...) qualitative technique is carried out through a series of interviews conducted with the respondents. Triangulation is carried out to increase the validity and credibility of the findings. The results showed that 40% of mosque administrators surveyed thought that transnational ideologies were not in accordance with the spirit of Pancasila. Meanwhile, the remaining 40% and 20% of respondents, respectively, consider transnational ideologies to be dangerous to social order, and divisive. The qualitative analysis shows that the respondents do not want the implementation of Islamic sharia and an Islamic state within the Indonesian constitutional framework.Contribution: This research can be used by policymakers and anti-terror agents to proportionally and participatively involve mosque administrators to narrow the wiggle room for the spread of transnational ideology. (shrink)

This study aims at reducing, and even eliminating, the thoughts of small Muslim groups in Indonesia, which state that the replacement of Pancasila as a Khilafah will raise the Indonesian state to become a developed country. This study uses a normative legal research methodology with two approaches: a historical and a conceptual approach. The historical approach was used to review the history of the implementation of the Khilafah system in Islam and the early history of the emergence of (...) Pancasila as a national government system. Meanwhile, the conceptual approach was used as a road map to examine the Khilafah and Pancasila concepts in the constitutional system. The results of this study revealed that Pancasila represents the Indonesian nation's ideology, which is in tune with Islamic law, and can answer all the needs of its people. Through Pancasila, the Indonesian people can live in harmony amidst existing pluralism. Therefore, there is no space for ideology other than Pancasila to fill and become the foundation of the Indonesian nation.CONTRIBUTION: This article attempts to answer Muslim people's doubts with extremist ideology who want to change Pancasila into Khilafah. No movement seeks to change the Pancasila government system with other government systems. (shrink)

In most liberal democracies for example, the central bank is as independent as the supreme court, yet deals with a wide range of economic, social, and political issues. How do these public servants make these policy decisions? What normative principles inform their judgments? In The Machinery of Government, Joseph Heath attempts to answer these questions. He looks to the actual practice of public administration to see how normative questions are addressed. More broadly, he attempts to provide the outlines of a (...) "philosophy of the executive" by taking seriously the claim to political authority of the most neglected of the three branches of the state. (shrink)

As the world has increasingly embraced globalization, temptations to encroach on traditional boundaries of state sovereignty for reasons of self-interest mount. Argumentation studies provide an important lens for examining the public discourse used to justify such moves. This essay examines the Bush administration’s strategic use of the definitional processes of association and dissociation to build its public case for regime change in Afghanistan. After exploring how the Bush administration’s early rhetoric after 9/11 failed to actually provide the Taliban a (...) choice to remain in power, the essay reveals three combinations of the terrorism/state relationship that functioned as an argument by definition to gain support for the US campaign to overthrow the regime. (shrink)

The paper presents an analysis of the current state of administrative modular buildings and co-working spaces in some European countries and Latin America. The study provides an overview of the concept of modular buildings and co-working spaces, including their history and evolution and their energy efficiency. They also examine the benefits and drawbacks of these types of buildings, as well as the factors that contribute to their success. The authors analyze several case studies of administrative modular buildings (...) and co-working spaces in different European countries and Latin America, such as the UK, Germany, Slovakia, and Ukraine ending with Brazil. The paper takes into consideration the design and construction of these buildings, as well as the services and amenities they offer. The paper also considers the impact of administrative modular buildings and co-working spaces on the environment, as well as their potential for promoting sustainable development. The authors discuss the challenges and opportunities associated with the development of administrative modular buildings and co-working spaces and provide recommendations for future research in this area. Energy-efficient modular buildings and co-working spaces have the potential to support organizations in achieving their sustainability goals while also providing a range of benefits for employees and stakeholders. (shrink)

When the Mamluk Sultan Qalawun (1279-1290) moves to Syria with her army to fight the Mongols, martial law is declared in Egypt. Kalavun's son as heir Salih Ali in Egypt, published to Zaynaddin Ketboğa a tazkire that dated April-1281 containing the martial law decisions. Tezkire talks about the duties and responsibilities of administrators in the context of state-security-service. These decisions are important state affairs in the flow of daily life such as the judiciary, law, justice, security, transportation, service, (...) trade, land, fair tax system, control of civil servants and state affairs. In addition, the healthy living conditions of the detainees, It also includes issues such as meeting the needs of the detainees such as churches and baths. Tazkire decisions aiming to ensure the flow of daily life in Egypt during wartime without causing a possible instability are always valid state policies aiming at state order and social welfare. In our article, we will talk about this tezkire, which was narrated as a full text by İbnü'l-Furât (d. 1405) and Kalkaşendî (d. 1418). (shrink)

Often, there are conceptual differences between politicians, officials, academics and professionals on key concepts related to forms of administrative organization of the State and in relation to the categorization of the various subjects who directs their actions. Settle these differences contribute to the implementation of the modernization of the State. It is also necessary to distinguish conceptually between different degrees of protection can be invoked by natural and legal persons in the administration. To help settle these conceptual (...) differences, we will propose some key definitions related to governance, from a literature review and analysis of the actions of the state. (shrink)

The “folk” theory of democracy that typically justifies the administrative state cannot help but lead to a discourse of constraint. If agency action is only legitimate when it mechanically applies the will of the voters as transposed by Congress through statutes, then the norms guiding that action will inevitably restrain agency discretion. As a result, attempts to establish the democratic credentials of the administrative state ironically obstruct the application of collective power. But this “folk” theory of (...) democracy is bad theory. It is empirically incredible and, alarmingly, facilitates dangerous populist politics. Political theory instead suggests that a theory of democratic representation not only better explains legislative outcomes, but also deprives demagogues and deregulatory partisans of the fictions that prop up their agendas. After a brief survey of representative theory, this article will demonstrate that a model of trustee representation adequately describes administration, reinforces its democratic credentials and constitutes a space for politics in shaping the regulations that govern us all. (shrink)

Background U.S. federal regulations require that certain ethical elements be followed to protect human research subjects. The location and clinical circumstances of a proposed research study can differ substantially and can have significant implications for these ethical considerations. Both the location and clinical circumstances are particularly relevant for research in intensive care units (ICUs), where patients are often unable to provide informed consent to participate in a proposed research intervention. Purpose Our goal is to elaborate on the updated 2013 U.S. (...) Food and Drug Administration (FDA) guidance document regarding an exemption from the requirement of obtaining informed consent from patients or their surrogates and to address certain elements within that document, thereby assisting clinicians in developing a framework for emergency research in accordance with the regulatory bodies at their own institutions and in the United States. Methods Review of the 2011 and updated FDA guidance document on exemption from informed consent. Results The current process of obtaining informed consent within ICUs needs to be revisited, especially for research in which timely informed consent is not likely. In particular, the process of obtaining informed consent may not be appropriate or even ethical for critically ill patients in extremis who require an intervention for which there is no current acceptable standard of care and clinical equipoise exists. We provide clinicians with a viewpoint that further elaborates on the FDA guidance document. Limitations The viewpoints provided herein are those of the authors and are therefore inherently limited by the personal views of a selected few. Other clinicians or researchers may not interpret the FDA guidelines in a similar manner. Moreover, the discussion of a guideline document is a limitation in and of itself. The guidelines set forth by the FDA are precisely that—guidelines. Therefore, they may not be followed as outlined in the guidance document within one’s own institution. Our goal is that, by elaborating on the guidelines for planned research involving human subjects in the ICU, institutional regulatory bodies may gain a better understanding in drafting their own document when faced with a clinician or a researcher who wishes to conduct planned research in an ICU. Conclusions We believe that the interpretations provided will allow clinicians to safely undertake planned research in ICUs without endangering the main tenets of ethical research involving human participants. This research is needed for the advancement of care in the critically ill. (shrink)

This paper analyzes the scenario for a post-revolutionary society as developed in Lenin’s “The State and Revolution.” Lenin heavily relies on Marx and Engels’s metaphors of waking up and falling asleep: Post-revolutionary society is marked by a grand awakening and a conversion of dreams into reality, while the State is said to fall asleep or wither away. Lenin applies these metaphors yet applies them in a strangely inverted manner. Instead of embracing agency, he argues for a new regime (...) of “habit,” which has sedating effects on humans, while the state survives its demise and returns under the title of “administration.” Lenin’s plea for “habit” and “administration” is discussed in a broader context of other philosophical accounts reaching from Kant to Hegel, Max Weber, Ludwig Wittgenstein, Hannah Arendt and beyond. These critical considerations lead to some general findings on the status of moral agency in revolutionary change. Trotsky’s account of permanent revolution with its experimentalist and theatrical implications is a case in point here. The paper concludes by discussing the intricate relation between revolution, democracy, and the state. (shrink)

In this article, Harvey notes the initial confusion about the statement made by the pope concerning artificial nutrition and hydration on patients suffering persistent vegetative states (PVS) due to misunderstanding through the translation of the pope's words. He clarifies and assesses what was meant by the statement. He also discusses the problems of terminology concerned with the subject of PVS. Harvey concludes that the papal allocution was in line with traditional Catholic bioethics, and that while maintaining the life of a (...) patient is favorable, in particular cases this presumption wanes when it is clear that this treatment modality would be futile or very burdensome. (shrink)

This article discusses the specificity of remote communication between state authorities and citizens as part of e-administration services. Attention was paid to the available technological tools used in state-citizen communication, but most of all, the focus was on the pragmatics of creating messages in the “digital office”. The aim of the present study was to identify the main linguistic and quasi-linguistic instruments that build the stylistic and pragmatic formula of e-administration in Poland. The source material was taken from (...) the widely available and most popular e-administration platforms, containing detailed information on services provided by public administration and enabling the citizen to establish remote contact with the state, such as Obywatel.gov.pl, ePUAP.gov.pl, CEIDG.gov.pl and Biznes.gov.pl. (shrink)

ArgumentSince the 1970s, Danish population registries were increasingly used for research purposes, in particular in the health sciences. Linked with a large number of disease registries, these data infrastructures became laboratories for the development of both information technology and epidemiological studies. Denmark's system of population registries had been centralized in 1924 and was further automated in the 1960s, with individual identification numbers (CPR-numbers) introduced in 1968. The ubiquitous presence of CPR-numbers in administrative routines and everyday lives created a continually (...) growing data archive of the entire population. The resulting national-level database made possible unprecedented record linkage, a feature epidemiologists and biomedical scientists used as a resource for population health research. The specific assemblages that emerged with their practices of data mining were constitutive of registry-based epidemiology as a style of thought and of a distinct relationship between science, citizens, and the state that emerged as “Scandinavian.”. (shrink)

The purpose of the study is to reveal the essence of digital technologies in the municipal government system, to identify the main problems of their transformation in the territory of the subjects, and to develop directions for the mechanism of adaptation of the relationship between different management structures in the conditions of digitalization of processes. The article considers the author's vision of the development of digital technologies in the territorial aspect. In particular, the problems of technical equipment of remote territories (...) are considered, in particular, the problems of training personnel and territorial access to Internet resources are touched upon. When evaluating the legislative and regulatory acts of the Russian Federation, it is clear that digital technologies require a separate approach to solving problems of both legal and economic nature, while we focus on their relationship. It is obvious that when developing the strategic direction of digital technologies, the adapted elements require some adjustments and additions, which is currently being carried out. Such changes and additions are promoted not only through legislative and regulatory activities, but also on the basis of scientific research, which in turn develop new directions that contribute to solving problems in the development of digital technologies, not only in the management system, but also in the areas of business, professional education, training and retraining of personnel, etc. As a result, the identified problems in the resource provision of digital technologies allowed us to develop measures that specify the strategic direction. (shrink)