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| Preface | |
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| Administrative Law: An Introduction | |
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| Objectives of This Book | |
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| Organization of This Book | |
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| This Book's Approach: Systems Theory | |
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| Administrative Agencies Play the Lead Roles | |
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| The Nature of Administrative Law | |
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| Administrative Laws Increasing Relevance | |
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| Summary | |
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| Saint Louis University v. Masonic Temple Association, 220 S.W. 3d 721 (2007) | |
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| Comments and Questions | |
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| Notes | |
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| The Growth of Administrative Power and its Impact on the American System | |
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| Growth of the Administrative System | |
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| Agency Proliferation: From George Washington to Barack Obama | |
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| An Important Historical Development: The Delegation of Power to Administrative Agencies | |
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| The Power of Administrative Officials and Agencies | |
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| Administrative Growth, the Public Interest, and Administrative Law Considerations | |
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| Regulating in the Public Interest: Regulation Versus Deregulation | |
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| Summary | |
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| Whitman Administrator of Environmental Protection Agency v. American Trucking Associations, 531 U.S. 457; 121 S.Ct. 903 (2001) | |
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| Comments and Questions | |
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| Notes | |
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| Legislative Attempts to Achieve Democratic Accountability in the Administrative Process | |
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| Keeping Administrators Accountable | |
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| Traditional Congressional Oversight Powers | |
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| Seeking Administrative Accountability Through Guidance Legislation | |
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| The Administrative Procedure Act: An Overview of Its Role in Controlling Administrative Behavior | |
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| Sunshine and Sunset Legislation | |
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| Summary | |
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| Rutan v. Republican Party of Illinois, 497 U.S. 62; 110 S.Ct 2729 (1990) | |
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| Comments and Questions | |
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| Notes | |
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| Protecting Administrators from Undue Interference and Harassment | |
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| Legitimate Versus Illegitimate Meddling in the Administrative Process | |
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| Protecting Administrators from Themselves and Others: Conflict-of-Interest Laws | |
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| Congressional Influence Peddling | |
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| Tinkering with Administrators: The President's Appointment and Removal Powers | |
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| Summary | |
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| Wiener v. United States, 357 U.S. 349; 78 S.Ct. 1275 (1958) | |
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| Comments and Questions | |
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| Notes | |
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| Rulemaking: Agencies as Legislative Bodies | |
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| The Growing Importance of Agency Rulemaking | |
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| What Is Rulemaking? | |
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| Rulemaking: Loopholes and Their Significance | |
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| The Democratic Character of Rulemaking Procedures and Public Policy Outputs | |
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| Sensible Suggestions for Making Rulemaking More Democratic | |
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| Summary | |
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| Motor Vehicle Mfrs. Ass'n v. State Farm Mutual, 463 U.S. 29; 103 S.Ct. 2856 (1983) | |
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| Comments and Questions | |
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| Notes | |
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| The Public Policy-Making Tug-of-War between Rulemaking and Ordermaking | |
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| What Is Ordermaking? | |
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| Differentiating Ordermaking from Rulemaking | |
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| Pros and Cons of Ordermaking and Rulemaking in Agency Policymaking | |
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| Summary | |
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| National Labor Relations Board v. Bell Aerospace Company, 416 U.S. 267; 94 S.Ct. 1757 (1974) | |
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| Comments and Questions | |
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| Notes | |
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| Agency Hearings: How fair are they? | |
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| Serving Due Process in Agency Hearings | |
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| Administrative Hearings Versus Court Trials | |
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| Bias, Due Process, and Regulatory Effectiveness | |
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| Considering Evidence in Agency Hearings | |
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| Decision Making in Agency Adjudications | |
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| Summary | |
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| State of California v. Federal Energy Regulatory Commission, 329 F.3d 700 (9th Cir. 2003) | |
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| Comments and Questions | |
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| Notes | |
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| Administering Public Policies: Discretionary Agency Actions | |
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| Formal Versus Informal Agency Actions | |
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| Defining Administrative Discretion | |
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| A Historical Glance at Discretion: The Rule of Law Versus Discretionary Power | |
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| Kenneth Culp Davis on the Problem of Discretion | |
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| A Critique of Davis's Discretionary Justice | |
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| Reacting to Davis: Gifford's Model of Discretionary Decision Making | |
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| The Courts' Role in Controlling Discretionary Agency Actions | |
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| Cases Overruling Discretionary Actions | |
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| Cases Upholding Discretionary Actions | |
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| Nontraditional Alternatives to Controlling Administrative Power | |
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| Summary | |
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| Federal Communications Commission v. Fox Television Stations, 129 S.Ct. 1800 (2009) | |
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| Comments and Questions | |
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| Notes | |
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| Judicial Review of Agency Behavior | |
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| Judicial Review: An Overview | |
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| The Changing Role of the Courts | |
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| The Availability of Judicial Review of Administrative Actions | |
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| Scope of Review | |
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| Court Orders and Problems of Compliance | |
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| Summary | |
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| United States v. Mead Corporation, 533 U.S. 218; 121 S.Ct. 2164 (2001) | |
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| Comments and Questions | |
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| Notes | |
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| Suing the Government and its Administrators | |
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| Tort Liability Issues in a Democratic State: An Overview | |
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| The Sovereign Immunity Doctrine | |
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| Suing Governmental Administrators: The Road to Qualified Immunity for Administrators | |
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| Toward Increased Governmental Liability and Decreased Official Liability? | |
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| The Question of Presidential Immunity | |
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| Summary | |
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| Jones v. Byrnes, U.S. App. Lexis 24476 (6th Cir. 2009) | |
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| Comments and Questions | |
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| Notes | |
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| An Administrative Law Challenge: Balancing Societal and Individual Rights When Conducting Administrative Searches and Seizures | |
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| Balancing: A Tough Challenge for Administrators | |
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| Preserving Individual Liberties in the Face of Mass Control Efforts: An Introductory Comment | |
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| Administrative Practices and the Bill of Rights | |
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| Administrative Actions Under the Fourth Amendment | |
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| The Decline of the Individual's Right Against Self-incrimination During the Rise of the Administrative State | |
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| �Administrative� Searches and Seizures Since the Terrorist Attacks of 9/11 and the Passage of the USA PATRIOT Act | |
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| Summary | |
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| Safford Unified School District #7 v. Redding, 555 U.S._; 129 S.Ct. 2633 (2009) | |
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| Comments and Questions | |
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| Notes | |
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| Appendix: Federal Administrative Procedure Act | |
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| Glossary: Key Legal Terms | |
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| Case Index | |
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| Name Index | |
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| Subject Index | |