Administrative Law in the Political Sys

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  • Edition: 5th
  • Format: Nonspecific Binding
  • Copyright: 2010-08-03
  • Publisher: Routledge

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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

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

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