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Administrative Law : Bureaucracy in a Democracy,9780130909695
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Administrative Law : Bureaucracy in a Democracy

by
Edition:
2nd
ISBN13:

9780130909695

ISBN10:
0130909696
Format:
Hardcover
Pub. Date:
1/1/2002
Publisher(s):
Prentice Hall
List Price: $64.40
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Summary

Latest Trends in Administrative Law! bull; "Real world" Procedural Aspects Includes bull; Rulemaking Informal Action Agency Discretion Formal Adjudication Legal Analysis Civil Liability

Author Biography

Daniel E. Hall is associate professor of criminal justice and legal studies at the University of Central Florida.

Table of Contents

Preface xv
Introduction
1(12)
Administrative Law Defined
1(1)
Sources of Administrative Law
2(1)
Constitution
2(1)
Enabling Laws
2(1)
Administrative Procedure Act
2(1)
Executive Orders
2(1)
Administrative Agencies
3(7)
The Need for Agencies
5(1)
Types of Agencies
5(1)
The History and Size of the Bureaucracy
6(3)
The Impact of Agencies on Daily Life
9(1)
Conclusion
10(3)
Bureaucracy and Democracy
13(18)
Democracy and Accountability
13(7)
Federalism
13(3)
United States v. Morrison
16(2)
Separation of Powers
18(2)
Theme
20(1)
Controlling The Bureaucracy
20(8)
Presidential Control
20(4)
Clinton v. City of New York
24
Congressional Control
23(3)
INS v. Chadha
26
Judicial Control
25(3)
Conclusion
28(3)
Agency Discretion
31(18)
Introduction
31(1)
Detriments and Benefits of Discretion
32(1)
Limits on Agency Discretion
33(1)
Examples of Agency Discretion
34(12)
Prosecutorial Discretion
34(1)
General Motors v. Federal Energy Regulatory Commission
35(1)
Rulemaking and Policy Discretion
36(1)
Chevron v. Natural Resources Defense Council
37(1)
Gonzalez v. Reno
38
Claims and Applications Decisions
36(1)
Protective Action
36(7)
Brock v. Roadway Express
43
Tests and Inspections Generally
42(2)
Advisory Opinions and Declaratory Orders
44(1)
Mediation and Arbitration
45(1)
Other Action
45(1)
Conclusion
46(3)
The Requirement of Fairness
49(28)
Due Process in General
50(1)
Protected Interests
51(3)
Life
51(1)
Liberty
51(1)
Property
51(1)
Entitlements
52(1)
Governmental Employment
52(1)
Perry v. Sindermann
53(1)
Licenses
54(1)
Utilities
54(1)
Education
54(1)
Goss v. Lopez
55
Cost-Benefit Analysis
54(2)
Notice
56(1)
Hearing
57(11)
Where
57(1)
What
57(1)
When
58(1)
Goldberg v. Kelly
59(3)
Gilbert v. Homar
62(4)
Ingraham v. Wright
66(1)
Dixon v. Love
67
Counsel
65(3)
Equal Protection
68(4)
FSK Drug Corp. v. Perales
71(1)
Conclusion
72(5)
Delegation
77(26)
What is Delegation?
77(1)
Delegating Legislative Authority
78(6)
United States v. Gramaud
79(1)
Panama Refining v. Ryan
80(4)
The Nondelegation Doctrine Today
84(1)
Touby v. United States
86(4)
South Dakota v. Department of Interior
90
Delegating Judicial Authority
85(9)
Foley v. Condominium Association
95
Delegating to Private Agencies
94(4)
Delegation And Criminal Law
98(1)
Arrest And Delegation
98(1)
Conclusion
99(4)
Agency Rulemaking
103(24)
In General
103(5)
Rulemaking and Adjudication Defined
108(1)
The Volume of Rules
109(1)
Types of Rules
110(1)
Rulemaking Procedure
110(9)
Formal Relumaking
111(1)
United States v. Florida East Coast R.R.
112(1)
Informal Rulemaking
113(2)
Exempted Rulemaking
115(1)
Hybrid Rulemaking
115(2)
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council
117(1)
Negotiated Rulemaking
118(1)
Advisory Committees
118(1)
Ratemaking
119(1)
Taxation and Revenues
119(3)
Controlling Rulemaking Authority
122(1)
FDA v. Brown and Williamson
120(3)
Conclusion
123(4)
Agency Investigations and Information Collection
127(34)
Acquiring Information
127(1)
Recordkeeping and Reporting
128(4)
United States v. Morton Salt Co.
129(1)
Fifth Amendment Aspects
130(1)
Immunity
131(1)
Inspections, Tests, and Searches
132(20)
Fourth Amendement Aspects
132(3)
Camera v. Municipal Court
135
Drug, Alcohol, and AIDS Testing
134(4)
Skinner v. Railway Labour Executive Ass'n
138(10)
Vernonia School District v. Action
148(3)
Closely Regulated Businesses
151(2)
Donovan v. Dewey
153
Subpoenas
152(5)
Enforcement of Subpoenas
155(2)
Parallel Proceedings
157(1)
Paperwork Reduction Act
157(1)
Conclusion
158(3)
Agency Adjudications
161(36)
In General
162(1)
Notice
162(1)
Parties and Participation
163(6)
Parties in Interest and Intervention
163(3)
Ashbacker Radio Corp. v. Federal Communications Commission
166
Other Methods of Participation
165(4)
Discovery
169(1)
Prehearing Conference
170(1)
Prehearing Settlement/ADR
170(1)
The Hearing
170(24)
Evidence Admissibility
171(1)
Prejudicial Error Rule
172(1)
Legal Residuum Rule
172(1)
Richardson v. Perales
173
Privileged and Illegal Evidence
172(4)
INS v. Lopez-Mendoza
176
Official Notice
175(3)
Burdens
178(1)
Standards
178(1)
Steadman v. United States
179(1)
Woodby v. INS
180(1)
Administrative Law Judges
180(1)
Independence
181(2)
Stephens v. Merit Systems Protection Board
183
Interest, Bias, and Prejudgment
182(3)
Gibson v. Berryhill
185(1)
Separation and Combination of Functions
186(1)
Counsel and Attorney Fees
187(1)
The Decision
188(1)
Institutional Decision
188(1)
Final, Initial, and Recommended Decisions
188(1)
Findings in Formal Adjudications
189(1)
Findings in Informal Adjudications
190(1)
The Right to a Jury in Administrative Proceedings
190(2)
Observing and Administrative Hearing
192(2)
License Cases
194(1)
Conclusion
194(3)
Accountability Through Reviewability
197(42)
In General
198(1)
Sources of Review Authority
198(2)
Satutory
198(2)
Nonstatutory
200(1)
Agency Discretion
200(4)
Lincoln v. Vigil
202(3)
Heckler v. Chaney
205
Standing
204(12)
Association of Data Processing Service Orgs. v. Camp
207(1)
Citizen and Taxpayer
208(2)
Federal Election Commission v. Akins
210
Qui Tam Actions
209(4)
Environmental Cases
213(1)
Sierra Club v. Morton
214(1)
Competitor
215(1)
Consumer
216(1)
Timing of Review
216(5)
Primary Jurisdiction
216(1)
Exhaustion of Administrative Remedies
217(8)
Mckart v. United States
225
Ripeness
218(3)
Scope and Standards of Review
221(10)
De Novo
221(2)
Substantial Evidence
223(3)
Arbitrary, Capricious, Abuse of Discretion
226(1)
Issues of Law
226(3)
Issues of Fact
229(1)
Mixed Questions of Law and Fact
230(1)
Issues of Discretion
230(1)
Failure to Raise Issues
230
Motor Vehicle Manufacturers Ass'n. v. State Farm Mutual
227(4)
Alternative Rationale
231(1)
Review of Rules
231(1)
Common Law Doctrines
232(4)
Res Judicata
232(1)
Collateral Estoppel
233(1)
Application to the Government
233(1)
Equitable Estoppel
234(2)
Schweiker v. Hansen
236
Laches
235(1)
Conclusion
236(3)
Accountability through Accessibility
239(30)
Accountability Through Accessibility
240(1)
Freedom of Information Act
240(15)
Publication Requirement
241(1)
Failure to Publish
241(1)
Inspection and Copying Requirement
242(1)
Indexing
242(1)
Failure to Comply
242(1)
Production upon Request Requirement
242(1)
Request Procedure
243(1)
What Records?
244(1)
FOIA as Discovery
245(2)
North v. Walsh
247
Fees and Waivers
245(1)
Exemptions
245(4)
National Defense and Foreign Policy
249(1)
Agency Personnel Matters
249(1)
Other Statutes
249(1)
Trade Secrets and Financial Information
250(1)
Agency Memoranda
250(1)
Personnel, Medical, and Files Containing Private Information
250(2)
Department of Defense v. Federal Labor Relations Authority
252
Law Enforcement Records
251(1)
Financial Institution Information
251(1)
Geological Information
251(3)
Judicial Review and Remedies
254(1)
Congressional Monitoring
255(1)
Privacy Act
255(7)
Collection of Information
256(1)
Maintaining Records, Publication, and Rules
257(1)
Disclosure of Records
257(1)
Individual Access
258(1)
Amending Records
258(1)
Judicial Review and Remedies
258(1)
Civil Actions
258(3)
Ray v. Turner
261
Criminal Penalties
260(1)
Congressional Monitoring
261(1)
Government in the Sunshine Act
262(1)
Exemptions
262(1)
Judicial Review and Remedies
263(1)
Congressional Monitoring
263(1)
Federal Advisory Committee Act
263(1)
Trade Secrets Act
264(1)
Privatization and the Public's Right to Know
264(1)
Forsham v. Harris
265
Conclusion
264(5)
Accountability Through Liability
269(34)
Introduction
270(1)
Sovereign Immunity
270(1)
Federal Tort Claims Act and Its Exceptions
271(5)
Executive Functions
272(1)
Intentional Torts
272(1)
Discretionary Function Doctrine
272(1)
Bowers v. City of Chattanooga
273(2)
Scope of Employment
275(1)
Public Duty Doctrine
275(2)
Kirk v. City of Shawnee
277
Damages Limitations
276(1)
Section 1983 Actions
276(21)
Plaintiffs and Defendants
281(1)
Monell v. Department of Social Services
282(1)
Deprivation and Color of Law
283(2)
County of Sacramento v. Lewis
285
Remedies, Fees, and Costs
284(3)
Smith v. Wade
287(1)
Procedure
288(3)
Immunities
291(1)
Absolute and Qualified
291(1)
Harlow v. Fitzerald
292(1)
Functional Approach
292(1)
Judges
293(1)
Prosecutors
293(1)
Law Enforcement Officers
294(1)
Witnesses and Jurors
294(1)
Public Defenders
294(1)
Legislators
295(1)
Procedure and Immunity Claims
295(2)
Constitutional Claims
297(1)
Bivens v. Six Unknown Agents
296(1)
Common Law Torts and Official Immunity
297(3)
Strothman v. Gefreh
298(2)
Tucker Act
300(1)
Conclusion
300(3)
Researching Administrative Law Issues
303(12)
Introduction
303(1)
The Scope of Administrative Law
304(1)
Beginning the Search
304(1)
Rules Created by the Administrative Agency
304(1)
Finding Agency Decisions
305(1)
Searching the Federal Register
305(1)
Searching the CFR
306(1)
Computerized Sources for Administrative Law
306(9)
APPENDIX A: Constitution of the United States 315(18)
APPENDIX B: Administrative Procedure Act Excerpts 333(32)
APPENDIX C: Selected Executive Orders 365(16)
Index 381

Excerpts

ADMINISTRATIVE LAW: BUREAUCRACY IN DEMOCRACY No legal subject is as timely and important as administrative law. Today, nearly every person will have contact with several government agencies in a year's time while never making contact with an elected representative. Even more, individuals, especially those who own or operate businesses, are more heavily regulated by administrative agencies than they are by their "political" representatives. The Framers of the United States Constitution intended to create a self-governing republic. But the Framers lived in a simpler world, one without international travel, the Internet, and businesses as large and powerful as nations. Governments have turned to large bureaucratic agencies to meet the demands of the increasingly large and complex nation. The challenge is to remember what the Framers feared and to remain steadfast in preserving what they designed, even in the wake of social and technological change. This text is devoted to the idea that government is to remain accountable, and thereby tyranny can be prevented. The simple division of power into federal and state and into three branches is no longer realistic. But the principle is the right one, and with some molding it can continue to be an effective structural constraint on agency authority. The reader will learn in this text that most constitutional rules and doctrines that apply to administrative law are intended to keep government accountable. Even more, when distilled, many of them are founded upon separations theory. There are three goals in this text: to examine administrative law in the context of accountability and the prevention of abuse; to assist students in critical thinking and case analysis by including case excerpts; to provide students with some practical knowledge of administrative agencies and the laws that govern their behavior. TEXT FEATURES Thewriting styleand language of this book are intended for the undergraduate student in law, justice, or political science or the graduate student in non-law fields. When used, legalese is explained. As mentioned, I have includedcase excerptsthroughout the text. Cases were selected on the basis of the following criteria: importance and impact, currentness, clarity of writing, and ability to be edited successfully. The book has been written so that the text can stand alone. The cases are used to illustrate or more fully develop ideas that are discussed in the text. In order to keep the cases an appropriate length, considerable text .has been excised from most of the cases. The guiding principle in the editing process was to reduce the size of each case without jeopardizing its legal and educative integrity. Some internal citations have been retained, others removed. In some instances, especially a long string of cities, the removal of a citation is denoted with an ellipsis. In others, the citation has been removed without notation. Manyillustrations, graphs, and figuresare used to assist the students in conceptualizing the subjects discussed. These include conceptual mapping diagrams as well as data charts. Sidebarson topics related to the discussion in the text have been included to increase student interest in the subject. Legal termsare in boldface in the text and defined in the margins. At the close of each chapter, a legal Web site is featured inLawlinks.In addition, a list of Web sites can be found in Chapter 12. Review questions and review problemscan be found at the close of each chapter. Review questions are designed to test the reader's retention of the content of the chapter. The review problems are designed to test the reader's ability to apply the concepts of the chapter to a set of facts or to engage in critical analysis. Appendicesinclude excerpts from the federal Constitution, the Admi


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