Administrative Law in the Political System

ISBN-10: 0813344565

ISBN-13: 9780813344560

Edition: 5th 2011

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Description: 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 100 new and current cases that place administrative law in the context of the Obama administration. In addition, 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, Warren provides students with an informed and accessible overview of difficult subject matter.

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Book details

List price: $102.50
Edition: 5th
Copyright year: 2011
Publisher: Westview Press
Publication date: 8/3/2010
Binding: Paperback
Pages: 640
Size: 7.00" wide x 10.00" long x 1.25" tall
Weight: 2.706
Language: English

Dr. Kenneth Warren, Professor of Political Science at Saint Louis University, 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.

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