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Admin L. and Process in a Nutshell Preface
Gellhorn and Levins Administrative Law and Process in a Nutshell
Fifth Edition 2007
Ernest Gellhorn and Ronald M Levin
PREFACE
PREFACE
Ernest Gellhorn, the author of the first edition of Administrative Law and Process in a Nutshell and co-author of
all subsequent editions, passed away in May 2005. At that time, half of the chapters in the book had been revised for
this edition, and Ernie had approved their contents after contributing his suggestions. All of the chapters, however,
contain ideas, explanations, and turns of phrase that originated with him. His insights into administrative law, his
worldly perspective, and his habitual clarity of expression will, therefore, animate these pages for years to come.
Ernie commanded broad respect as a professor, law school dean three times over, managing partner of a major law
office, and leader in the administrative law bar. His familiarity with the worlds of both scholarship and practice
enriched his writing and caused his views to be widely sought out. And his independence of mind, generosity, and
good humor made him a delightful co-author. It was a privilege to work with him, and this edition is respectfully
dedicated to his memory.
R.M.L.
Copyright © 2007 West, a Thomson business
Admin L. and Process in a Nutshell Preface
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Admin L. and Process in a Nutshell Intro.
Gellhorn and Levins Administrative Law and Process in a Nutshell
Fifth Edition 2007
Ernest Gellhorn and Ronald M Levin
INTRODUCTION
INTRODUCTION
Administrative agencies usually are created to deal with current crises or to redress serious social problems.
Throughout the modern era of administrative regulation, which began in the late nine-teenth century, the
government's response to a public demand for action has often been to establish a new agency, or to grant new
powers to an existing bureaucracy. Near the turn of the century, agencies like the Interstate Commerce Commission
and the Federal Trade Commission were created in an attempt to control the anticompetitive conduct of monopolies
and powerful corporations. The economic depression of the 1930s was followed by a proliferation of agencies
during the New Deal which were designed to stabilize the economy, temper the excesses of unregulated markets,
and provide some financial security for individuals. Agencies were also established or enlarged in wartime to
mobilize manpower and production, and to administer price controls and rationing. The development of new
© 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works.

technologies, ranging from radio broadcasting to air transportation to nuclear energy, often led to creation of new
government bureaus to promote and supervise these emerging industries. In the 1960s, when the injustices of
poverty and racial discrimination became an urgent national concern, the development of programs designed to
redress these grievances expanded the scope of government administration. More recently, increased public concern