State and Federal Administrative Law

by Asimow, Michael; Bonfield, Arthur Earl; Levin, Ronald M.

• ISBN13: 9780314072061
• ISBN10: 0314072063
• Edition: 2nd
• Format: Hardcover
• Copyright: 1998-06-01
• Publisher: West Academic

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