Administrative Law: Examples and Explanations

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Edition: 2nd
Format: Paperback
Pub. Date: 2006-01-01
Publisher(s): Aspen Pub
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Summary

With all the important recent developments in administrative law, make sure your students are not consulting an outdated study guide for extra assistance. ADMINISTRATIVE LAW: Examples & Explanations, Second Edition, is a straightforward and completely current resource that you can recommend with confidence.This effective paperback adheres to the successful Examples & Explanations series style:distinguished authors known for their writing in the field clarify difficult topics for studentsthe emphasis on federal administrative law is consistent with the approach of most major casebookswriting is clear and accessible to facilitate comprehensionthe text provides big-picture overviews of essential topics, plus sufficient detail for understanding and applying principlesexamples and explanations focus on vivid, real-world issues and essential principles and practicesmodular chapter organization allows chapters to be studied in any order and makes the book equally useful with various course configurationsoffers thorough coverage of the Administrative Procedure Act as well as other key statutes and judicial opinionsincludes the standard major cases, such as Goldberg v. Kelly, Chevron v. NRDC, Hearst v. NLRB, Chrysler Corp. v. Brown, and Vermont Nuclear Power Corp. v. NRDC Thoroughly updated for its Second Edition, the text now addresses:recent Supreme Court decisions, including: Southern Utah on judicial review of agency inaction; National Cable & Telecommunications Ass'n v. Brand X Internet Services on when judicial interpretations of statutes do not preclude agencies from adopting contrary interpretations; Barnhart v. Walton on the applicability of Chevron; Cheney v. U.S. District Court for the District of Columbia on the separation-of-powers doctrine and the Federal Advisory Committee Act; and National Archives and Records Administration v. Favish on the Freedom of Information Actpost-Mead developments in the Chevron doctrine, including how Chevron applies to agency interpretations of statutes already construed by courtsrelevant post-9/11 legislative, executive, and lower-court developments affecting the Freedom of Information Act, including the new FOIA exemption created by the Critical Infrastructure Information Act of 2002the Data Quality Act and its effects on rulemaking, government acquisition of private information, and public access to government information

Table of Contents

Preface xvii
Introduction to Administrative Law
1(22)
Administrative Law---The Course
1(1)
Overview of the History of Administrative Law
2(3)
Overview of the Administrative Structure
5(5)
Agencies Generally
5(1)
Independent Regulatory Agencies
6(4)
Government Corporations
10(1)
What Agencies Do and How They Do It
10(4)
What They Do
10(2)
How They Do It
12(2)
The Role of the Courts
14(3)
States in the Federal Administrative Law System
17(2)
State Administrative Law
19(1)
The Organization of This Book
20(3)
How Agencies Fit Into Our System of Separated Powers
23(46)
Introduction
23(5)
Delegation Doctrine
28(12)
Legislative Powers
28(6)
Adjudicative Powers
34(6)
Different Branches' Roles
40(29)
Congress
40(1)
Congressional Appointment
41(1)
Legislative Membership on Administrative Bodies
42(2)
Congressional Removal of Officers
44(1)
Legislative Veto
45(3)
Legislative Review and Oversight
48(3)
The President
51(1)
Appointment
52(5)
Removal
57(5)
Supervision
62(1)
OMB/EO Review
63(2)
Independent Regulatory Agencies
65(1)
Line Item Veto
66(3)
Adjudication
69(34)
The Subject Matter of Adjudication
69(5)
Formal and Informal Adjudication
74(7)
Formal and Informal Adjudication in the States
81(1)
The APA Procedures for Adjudication
81(15)
Notice Requirements
81(1)
The Burden of Proof
82(1)
Rules of Evidence
83(2)
The Role of the ALJ
85(1)
The Course of the Proceeding
86(1)
The Role of the Agency
86(2)
Ex Parte Communications --- 5 U.S.C. §557(d)
88(2)
Separation of Functions --- 5 U.S.C. §554(d)
90(6)
Formal Adjudication in the States
96(1)
Procedures for Informal Adjudication
96(1)
Procedures Applicable to All Proceedings
97(1)
Alternative Dispute Resolution (ADR) and Administrative Law
98(1)
Licensing
99(4)
Due Process
103(30)
Is Due Process Required at All?
104(12)
History
105(1)
Modern Due Process
106(1)
Modern Concept of ``Property''
107(3)
Modern Concept of ``Liberty''
110(1)
Liberty and Reputation
110(4)
Liberty and Correctional Facilities
114(2)
What Process Is Due?
116(17)
Historically
116(2)
The Modern Rule
118(8)
Particular Requirements
126(1)
The Need for an Impartial Judge
126(4)
Ex Parte Communications
130(3)
Rulemaking
133(68)
The Nature of Rules
133(7)
``Rule'' under the APA
134(3)
Legislative and Nonlegislative Rules
137(1)
Rules v. Orders
138(2)
Beginning Rulemaking
140(2)
Rulemaking Procedures
142(59)
Rules Exempt from Section 553
144(1)
The Military and Foreign Affairs Exemption
144(2)
The Exemption for Matters Involving Agency Management or Personnel, Public Property, Loans, Grants, Benefits, and Contracts
146(2)
Rules Excepted from Section 553's Notice-and-Comment Requirements
148(1)
Interpretative Rules, Statements of Policy, and Procedural Rules
149(1)
Interpretative Rules
149(1)
The Substantial Impact Test
150(1)
The ``Legally Binding'' or ``Force of Law'' Test
151(1)
Whether in the absence of the rule there would not be an adequate basis for enforcement action or other agency action to confer benefits or ensure the performance of duties
151(2)
Whether the rule interprets a legal standard or whether it makes policy
153(2)
If the agency is interpreting a legislative rule, whether the claimed interpretative rule is consistent with the legislative rule it is supposedly interpreting
155(1)
Whether the interpretative rule is inconsistent with a prior definitive interpretative rule
156(1)
Whether the agency contemporaneously indicated that it was issuing an interpretative rule
157(1)
Doubtful factors
157(1)
Conclusion
158(1)
General Statements of Policy
158(6)
Rules of Agency Organization, Procedure, or Practice
164(1)
Substantial Impact Test
165(2)
``Encoding a Substantive Value Judgment'' Test
167(1)
When the Agency Finds for Good Cause that Notice and Public Procedures Are Impracticable, Unnecessary, or Contrary to the Public Interest
167(3)
The Procedures for Formal Rulemaking
170(3)
The Procedures of Notice-and-Comment Rulemaking
173(1)
The Notice
173(2)
The Comment
175(1)
The Final Rule
176(1)
The ``Logical Outgrowth'' Test
177(3)
Procedures for Rules Not Subject to Formal Rulemaking or Notice-and-Comment Rulemaking
180(1)
Negotiated Rulemaking
181(1)
Constitutional and Other Judicially Created Procedural Requirements
182(2)
Ex Parte Communications
184(1)
Decisionmakers' Bias or Prejudice
185(2)
Undue Influence
187(3)
Other Administratively or Statutorily Required Procedures --- Hybrid Rulemaking
190(1)
Executive Orders
191(4)
National Environmental Policy Act
195(1)
Regulatory Flexibility Act
195(2)
Unfunded Mandates Reform Act
197(1)
The Paperwork Reduction Act
197(1)
Congressional Review
198(1)
Information Quality Act
198(1)
Conclusion
199(2)
The Availability of Judicial Review
201(56)
Reviewability Generally
202(26)
Jurisdiction --- Statutory Jurisdiction
202(2)
Jurisdiction --- Standing
204(1)
Constitutionally Required Standing
205(1)
Injury for Standing
206(1)
Recreational, Aesthetic, or Environmental Injury
206(2)
Risk as Injury
208(1)
Procedural Injury
208(3)
Informational Injury
211(3)
Causation for Standing
214(1)
Procedural Violations and Causation
214(3)
Third-Party Actions and Causation
217(1)
Redressability for Standing
218(1)
Third-Party Actions and Redressability
218(1)
Procedural Violations and Redressability
219(1)
Representational Standing
220(1)
Prudential Standing
221(1)
Statutory Standing or the Zone of Interests
221(5)
Agency Action
226(2)
Exceptions to Judicial Review under the APA
228(6)
Statutory Preclusion
228(3)
Committed to Agency Discretion by Law
231(3)
Problems of Timing
234(23)
Final Agency Action
235(5)
Exhaustion of Administrative Remedies
240(7)
Ripeness
247(7)
Primary Jurisdiction
254(3)
The Scope of Judicial Review
257(52)
Review of Questions of Law
259(18)
Statutory Interpretation and the Chevron Doctrine
259(16)
Interpretation of Rules
275(2)
Substantial Evidence Review
277(10)
When Does a Court Review for Substantial Evidence?
278(1)
What Does Substantial Evidence Mean?
278(8)
Substantial Evidence Review in Hybrid Rulemaking
286(1)
Arbitrary and Capricious Review
287(9)
De Novo Review
296(1)
Review of Agency Action Unlawfully Withheld or Unreasonably Delayed
297(3)
Remedies
300(3)
Equitable Estoppel
303(2)
The Effect of Judicial Decisions
305(4)
Collateral Estoppel
305(1)
Non-Acquiescence
306(3)
Government Acquisition of Private Information
309(28)
Introduction
309(1)
Legal Limits on Government Acquisition of Private Information --- In General
310(1)
Administrative Inspections --- Fourth Amendment Limits
311(6)
Obtaining Documents and Testimony
317(20)
Reporting Requirements
317(1)
Paperwork Reduction Act
318(5)
Subpoenas
323(2)
Fourth Amendment Limits on Reporting Requirements and Subpoenas
325(6)
Fifth Amendment Limits on Reporting Requirements and Subpoenas
331(6)
Public Access to Government Information
337(54)
Introduction
337(1)
Freedom of Information Act
338(36)
In General
338(8)
Exemptions
346(4)
Exemption 1
350(1)
Exemption 2
351(3)
Exemption 3
354(3)
Exemption 4
357(5)
Exemption 5
362(3)
Exemption 6
365(4)
Exemption 7
369(5)
Government in the Sunshine Act
374(4)
Federal Advisory Committee Act
378(7)
The Privacy Act
385(6)
General Rule Against Disclosure
385(1)
Exceptions
386(1)
Other Functions
387(1)
Judicial Relief
388(1)
Summary
388(3)
Table of Cases 391(8)
Index 399

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