9780314072061

State and Federal Administrative Law

by ; ;
  • ISBN13:

    9780314072061

  • ISBN10:

    0314072063

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 1998-06-01
  • Publisher: West Academic

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Supplemental Materials

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Summary

State and Federal Administrative Law, Second Edition, contains thorough, up-to-date coverage of administrative law issues in both federal and state contexts. Although the book can be used for a course that focuses primarily on federal law, its dual coverage allows an instructor to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method.

Table of Contents

Preface to Second Edition v
Preface to First Edition vii
Acknowledgments xi
Table of Cases
xxvii
Introduction
1(17)
Administrative Agencies and Administrative Law
1(1)
Reasons for Studying Administrative Law
2(1)
State and Federal Administrative Law
2(1)
Administrative Procedure Acts
3(2)
A Snapshot of the Administrative Process
5(5)
Costs and Benefits of Administrative Procedure and Procedural Reform
10(1)
Agency Legitimacy and Administrative Law
11(5)
Problem
16(2)
PART I. AGENCY PROCEDURES
The Constitutional Right to a Hearing
18(65)
Hearings and Welfare Termination: Due Process and Mass Justice
20(13)
Interests Protected by Due Process: Liberty and Property
33(18)
Timing of Trial--Type Hearings
51(13)
Elements of a Hearing
64(9)
The Rulemaking-Adjudication Distinction
73(10)
Administrative Adjudication: Fundamental Problems
83(80)
Statutory Rights to an Adjudicatory Hearing
83(17)
Limiting the Issues to Which Hearing Rights Apply
100(9)
The Conflict Between Institutional and Judicialized Decision-Making
109(40)
Administrative Judges and Decisional Independence
149(14)
The Process of Administrative Adjudication
163(55)
The Pre--Hearing Phase: Notice, Investigation and Discovery
163(19)
The Hearing Phase
182(14)
The Decision Phase: Finding Facts and Stating Reasons
196(6)
Effect of Decision: Res Judicata, Stare Decisis, Equitable Estoppel
202(16)
Rulemaking Procedures
218(105)
Introduction: The Importance of Rulemaking
218(5)
Definition of ``Rule''
223(12)
Initiating Rulemaking Proceedings
235(9)
Public Participation
244(18)
Procedural Regularity in Rulemaking
262(24)
Findings and Reasons
286(8)
Issuance and Publication
294(10)
Regulatory Analysis
304(10)
Negotiated Rulemaking
314(9)
Rules as Part of the Agency Policymaking Process
323(73)
Exemptions From Rulemaking Procedure
323(35)
Required Rulemaking
358(20)
Rulemaking Petitions and Agency Agenda--Setting
378(8)
Waivers of Rules
386(10)
PART II. NONJUDICIAL CONTROL of AGENCY ACTION
Control of Agencies by the Political Branches of Government
396(111)
Introduction
396(1)
Delegation of Legislative Power to Agencies
397(22)
Narrowly Defining an Agency's Authority to Avoid Constitutional Questions
419(9)
Delegation of Adjudicatory Power to Agencies
428(11)
Rationale for Legislative and Executive Review of Agency Action
439(1)
Legislative Controls
440(24)
Executive Control: Personnel Decisions
464(28)
Executive Oversight
492(15)
Freedom of Information and Other Open Government Laws
507(27)
Freedom of Information
507(18)
The Sunshine and Advisory Committee Acts
525(9)
PART III. JUDICIAL REVIEW
Scope of Judicial Review
534(77)
Scope of Review of Agency Findings of Basic Fact
535(22)
Scope of Review of Issues of Legal Interpretation
557(14)
Scope of Review of Application of Law to Facts
571(7)
Judicial Review of Discretionary Determinations in Adjudication
578(14)
Judicial Review of Discretionary Decisions in Rulemaking
592(19)
Remedies and Reviewability of Agency Decisions
611(36)
Judicial Remedies
612(9)
Damage Actions as a Form of Judicial Review
621(6)
Recovery of Fees
627(5)
Preclusion of Judicial Review
632(6)
Commitment to Agency Discretion
638(9)
Standing to Seek Judicial Review and the Timing of Judicial Review
647(134)
Standing to Seek Review
647(20)
Timing of Judicial Review
667(114)
Index 781

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