Principles of Administrative Law

ISBN-10: 0314149341
ISBN-13: 9780314149343
Edition: 2007
Authors: Keith M. Werhan
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Description: This book provides an accessible, yet sophisticated treatment of the essential principles of administrative law. Topics covered include a history of the American administrative state; theories of agency behavior; separation of powers and procedural  More...

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Book details

List price: $48.00
Copyright year: 2007
Publisher: West Academic
Publication date: 11/2/2007
Binding: Paperback
Pages: 401
Size: 6.25" wide x 9.00" long x 0.50" tall
Weight: 1.034
Language: English

This book provides an accessible, yet sophisticated treatment of the essential principles of administrative law. Topics covered include a history of the American administrative state; theories of agency behavior; separation of powers and procedural due process, as they are implicated by the administrative process; the procedural framework of the Administrative Procedure Act; formal adjudicatory procedure; informal rulemaking procedure; and the availability, timing, and scope of judicial review. The book includes charts and diagrams that assist the reader in visualizing the major elements of the administrative process.

An Introduction to the Study of Administrative Law
What Is Administrative Law?
What Are Administrative Agencies?
What Motivates Agency Action?
The "Traditional Model" of Administrative Law
A History of the American Administrative State and of American Administrative Law
The Antebellum Era and the Pre-modern Administrative State, 1789-1860
The Progressive Era and the Birth of the Modern Administrative State, 1860-1932
The New Deal and Its Aftermath, 1933-1946
The Maturation of the Modern Administrative State, 1946
The Activism of the Public Interest Era, 1964-1977
The Retrenchment of the Deregulation Era, 1978-Present
Administrative Agencies in American Constitutional Government
An Introduction to Separation of Powers and Checks and Balances in the United States Constitution
An Introduction to the Place of Administrative Agencies in the Separation of Powers
Administrative Agencies and Congress
The Nondelegation Doctrine
The Legislative Veto
The "Report and Wait" Process
Other Congressional Controls on Administrative Agencies
Administrative Agencies and the President
The Appointment of Administrative Officials
The Removal of Administrative Officials
Presidential Oversight of Government Administration
Administrative Agencies and the Courts
Administrative Agencies as Adjudicative Alternatives to Federal Courts
Administrative Adjudication and the Right of Trial by Jury
Due Process in the Administrative State
The Rulemaking-Adjudication Distinction
Nature of the Decisions
Nature of the Effect on Individuals
Number of Individuals Affected
The Early Understanding of Procedural Due Process: The Right-Privilege Distinction
The Due Process Revolution
The Due Process Counterrevolution and the Contemporary Approach
Deprivation of Property
Deprivation of Liberty
The Meaning of Deprivation
The Process That Is Due
The Timing of Due Process
The Administrative Procedure Act and the Procedural Forms of Agency Action
The Distinction Between Rulemaking and Adjudication Pursuant to the Administrative Procedure Act
The Distinction Between Formal and Informal Proceedings Pursuant to the Administrative Procedure Act
Informal Rulemaking v. Formal Rulemaking
Informal Adjudication v. Formal Adjudication
The Power of Agencies to Choose Between Rulemaking and Adjudication
Agency Power to Make Policy Through Adjudication
Agency Power to Resolve Adjudicatory Issues Through Rulemaking
Formal Adjudication Under the Administrative Procedure Act
Separation of Functions
Institutional Separation of Functions
Separation-of-Functions Limitations on Administrative Law Judges in Formal Adjudicatory Proceedings
Separation-of-Functions Limitations on Agency Law-Enforcement Personnel in Formal Adjudicatory Proceedings
Pre-hearing Procedures
Notice of Agency Hearing
Intervention
Discovery
Settlement and Pre-hearing Conferences
The Administrative Hearing
The Hearing Officer: Administrative Law Judges
Right to Counsel
Right to Present Evidence
Right to Cross-Examination
Burden of Proof
Standard of Proof
Rules of Evidence
Official Notice
The Initial Decision
Administrative Review
Ex Parte Communications
Bias
Structural Bias
Bias in Particular Cases
Informal Rulemaking Under the Administrative Procedure Act
The Rise of Judicial Hybrid Rulemaking
Vermont Yankee and the Demise of Judicial Hybrid Rulemaking
Informal Rulemaking After Vermont Yankee
Notice of Proposed Rulemaking
Public Participation and Agency Consideration
The Final Rule and the Agency's Statement of Basis and Purpose
Vermont Yankee and Judicial Enhancement of the Administrative Procedure Act's Procedural Requirements for Agency Rulemaking
Ex Parte Communications and Bias in Informal Rulemaking
Exemptions From the Informal Rulemaking Process
Legislative Rules
Guidance Documents
Procedural Rules
The Good Cause Exemptions
The Availability and Timing of Judicial Review
The Administrative Procedure Act's Roadmap for Judicial Review
Special Statutory Review
APA (or General Statutory) Review
Nonstatutory Review
The Availability of Judicial Review
Statutory Preclusion of Judicial Review
Agency Action Committed to Agency Discretion
Standing
The Timing of Judicial Review
Finality
Ripeness
Exhaustion of Administrative Remedies
The Nature and Scope of Substantive Judicial Review
The Framework of Substantive Judicial Review
The Administrative Record
The Three Elements of Agency Decisionmaking
Judicial Review of Agency Findings of Fact
Formal Proceedings
Informal Proceedings
Judicial Review of Agencies' Interpretations of Their Enabling Acts
The Traditional Doctrine: Skidmore Deference
The Chevron Revolution
The Chevron Doctrine in Operation
The Mead Counter-Revolution
Judicial Review of Agencies' Interpretations of Their Rules
Judicial Review of the Ultimate Decision of the Agency
The Traditional Approach
Hard Look Judicial Review
Judicial Power to Compel Agency Action
Table of Cases
Index

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