Administrative Law in the Political Sys

by Warren,Kenneth F

• ISBN13: 9780813344560
• ISBN10: 0813344565
• Edition: 5th
• Format: Paperback
• Copyright: 2010-08-03
• Publisher: Routledge

Summary

Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon,Administrative Law in the Political Systemprovides students with an informed and accessible overview of difficult subject matter.

Author Biography

Kenneth F. Warren is professor of political science at Saint Louis University, and he teaches and conducts research in the area of American politics. President of the Warren Poll for over two decades, he also conducts polls for the media, government, private clients, and politicians. He has served as a political analyst for local, national, and international media for thirty years, appearing in such news sources as the New York Times, the London Times, the Wall Street Journal, and the New Republic, and on most major television networks.

Table of Contents

Preface	p. xi
Administrative Law: An Introduction	p. 1
Objectives of This Book	p. 1
Organization of This Book	p. 2
This Book's Approach: Systems Theory	p. 3
Administrative Agencies Play the Lead Roles	p. 7
The Nature of Administrative Law	p. 15
Administrative Laws Increasing Relevance	p. 23
Summary	p. 25
Saint Louis University v. Masonic Temple Association, 220 S.W. 3d 721 (2007)	p. 25
Comments and Questions	p. 30
Notes	p. 31
The Growth of Administrative Power and its Impact on the American System	p. 35
Growth of the Administrative System	p. 35
Agency Proliferation: From George Washington to Barack Obama	p. 35
An Important Historical Development: The Delegation of Power to Administrative Agencies	p. 46
The Power of Administrative Officials and Agencies	p. 58
Administrative Growth, the Public Interest, and Administrative Law Considerations	p. 63
Regulating in the Public Interest: Regulation Versus Deregulation	p. 75
Summary	p. 88
Whitman Administrator of Environmental Protection Agency v. American Trucking Associations, 531 U.S. 457; 121 S.Ct. 903 (2001)	p. 89
Comments and Questions	p. 97
Notes	p. 99
Legislative Attempts to Achieve Democratic Accountability in the Administrative Process	p. 105
Keeping Administrators Accountable	p. 105
Traditional Congressional Oversight Powers	p. 109
Seeking Administrative Accountability Through Guidance Legislation	p. 116
The Administrative Procedure Act: An Overview of Its Role in Controlling Administrative Behavior	p. 128
Sunshine and Sunset Legislation	p. 138
Summary	p. 142
Rutan v. Republican Party of Illinois, 497 U.S. 62; 110 S.Ct 2729 (1990)	p. 144
Comments and Questions	p. 151
Notes	p. 152
Protecting Administrators from Undue Interference and Harassment	p. 157
Legitimate Versus Illegitimate Meddling in the Administrative Process	p. 157
Protecting Administrators from Themselves and Others: Conflict-of-Interest Laws	p. 158
Congressional Influence Peddling	p. 166
Tinkering with Administrators: The President's Appointment and Removal Powers	p. 179
Summary	p. 187
Wiener v. United States, 357 U.S. 349; 78 S.Ct. 1275 (1958)	p. 188
Comments and Questions	p. 190
Notes	p. 191
Rulemaking: Agencies as Legislative Bodies	p. 195
The Growing Importance of Agency Rulemaking	p. 195
What Is Rulemaking?	p. 196
Rulemaking: Loopholes and Their Significance	p. 202
The Democratic Character of Rulemaking Procedures and Public Policy Outputs	p. 207
Sensible Suggestions for Making Rulemaking More Democratic	p. 216
Summary	p. 226
Motor Vehicle Mfrs. Ass'n v. State Farm Mutual, 463 U.S. 29; 103 S.Ct. 2856 (1983)	p. 227
Comments and Questions	p. 232
Notes	p. 233
The Public Policy-Making Tug-of-War between Rulemaking and Ordermaking	p. 239
What Is Ordermaking?	p. 239
Differentiating Ordermaking from Rulemaking	p. 241
Pros and Cons of Ordermaking and Rulemaking in Agency Policymaking	p. 243
Summary	p. 249
National Labor Relations Board v. Bell Aerospace Company, 416 U.S. 267; 94 S.Ct. 1757 (1974)	p. 250
Comments and Questions	p. 253
Notes	p. 254
Agency Hearings: How fair are they?	p. 257
Serving Due Process in Agency Hearings	p. 257
Administrative Hearings Versus Court Trials	p. 260
Bias, Due Process, and Regulatory Effectiveness	p. 266
Considering Evidence in Agency Hearings	p. 272
Decision Making in Agency Adjudications	p. 288
Summary	p. 297
State of California v. Federal Energy Regulatory Commission, 329 F.3d 700 (9th Cir. 2003)	p. 298
Comments and Questions	p. 306
Notes	p. 307
Administering Public Policies: Discretionary Agency Actions	p. 313
Formal Versus Informal Agency Actions	p. 313
Defining Administrative Discretion	p. 315
A Historical Glance at Discretion: The Rule of Law Versus Discretionary Power	p. 317
Kenneth Culp Davis on the Problem of Discretion	p. 319
A Critique of Davis's Discretionary Justice	p. 327
Reacting to Davis: Gifford's Model of Discretionary Decision Making	p. 330
The Courts' Role in Controlling Discretionary Agency Actions	p. 333
Cases Overruling Discretionary Actions	p. 334
Cases Upholding Discretionary Actions	p. 338
Nontraditional Alternatives to Controlling Administrative Power	p. 344
Summary	p. 354
Federal Communications Commission v. Fox Television Stations, 129 S.Ct. 1800 (2009)	p. 355
Comments and Questions	p. 361
Notes	p. 362
Judicial Review of Agency Behavior	p. 369
Judicial Review: An Overview	p. 369
The Changing Role of the Courts	p. 371
The Availability of Judicial Review of Administrative Actions	p. 377
Scope of Review	p. 393
Court Orders and Problems of Compliance	p. 404
Summary	p. 405
United States v. Mead Corporation, 533 U.S. 218; 121 S.Ct. 2164 (2001)	p. 406
Comments and Questions	p. 414
Notes	p. 415
Suing the Government and its Administrators	p. 419
Tort Liability Issues in a Democratic State: An Overview	p. 419
The Sovereign Immunity Doctrine	p. 420
Suing Governmental Administrators: The Road to Qualified Immunity for Administrators	p. 424
Toward Increased Governmental Liability and Decreased Official Liability?	p. 443
The Question of Presidential Immunity	p. 453
Summary	p. 459
Jones v. Byrnes, U.S. App. Lexis 24476 (6th Cir. 2009)	p. 460
Comments and Questions	p. 467
Notes	p. 468
An Administrative Law Challenge: Balancing Societal and Individual Rights When Conducting Administrative Searches and Seizures	p. 473
Balancing: A Tough Challenge for Administrators	p. 473
Preserving Individual Liberties in the Face of Mass Control Efforts: An Introductory Comment	p. 473
Administrative Practices and the Bill of Rights	p. 476
Administrative Actions Under the Fourth Amendment	p. 477
The Decline of the Individual's Right Against Self-incrimination During the Rise of the Administrative State	p. 500
ôAdministrativeö Searches and Seizures Since the Terrorist Attacks of 9/11 and the Passage of the USA PATRIOT Act	p. 521
Summary	p. 535
Safford Unified School District #7 v. Redding, 555 U.S._; 129 S.Ct. 2633 (2009)	p. 537
Comments and Questions	p. 542
Notes	p. 543
Appendix: Federal Administrative Procedure Act	p. 551
Glossary: Key Legal Terms	p. 563
Case Index	p. 577
Name Index	p. 587
Subject Index	p. 595
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