Administrative Law

ISBN-10: 1609301137

ISBN-13: 9781609301132

Edition: 2nd 2012 (Revised)

Authors: Richard J. Pierce

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This mini-treatise discusses and analyzes principal concepts of administrative law and process, including the political and legal nature of administrative law; legislative control of administrative discretion; executive control of administrative discretion; judicial control of agency discretion (threshold issues, procedural issues, substantive issues); and access to private and public information.
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Book details

List price: $44.00
Edition: 2nd
Copyright year: 2012
Publisher: West Academic
Publication date: 2/16/2012
Binding: Paperback
Pages: 195
Size: 6.00" wide x 9.00" long x 0.25" tall
Weight: 0.814
Language: English

Introductory Overview
Delegation of Power to Agencies
Constitutional Limits on the Power to Delegate Policymaking
Constitutional Limits on the Power to Delegate Adjudication
Introductory Overview
Formal Adjudication
Informal Adjudication
Influence of Due Process
Scope of Due Process
Procedures Required by Due Process
Judicial Review
Procedural Errors
Substantial Evidence
Arbitrary and Capricious
Errors of Law
Record on Review
De Novo Review
Estoppel, Res Judicata, Collateral Estoppel, and Agency Non-Acquiescence in Judicial Decisions
Equitable Estoppel
Res Judicata and Collateral Estoppel
Agency Non-Acquiescence in Circuit Court Decsions
Maintaining Consistency
Rules and Rulemaking
Introductory Overview
Legislative Rules
Formal Rulemaking
Informal Rulemaking
Advantages of Informal Rulemaking
Judicial Interpretations of Notice
Judicial Interpretations of Statement of Basis and Purpose
Procedures Added by Congress
Procedures Added by Presidents
Legislative Rules-Continued
Negotiated Rulemaking
Agency Interpretations of Legislative Rules
Petitions for Rulemaking
Mandatory Rulemaking
Retroactive Rules
Interpretative Rules
Policy Statements
Procedural Rules
Other Exempt Rules
Judicial Review of Rules
Procedural Errors
Arbitrary and Capricious
The Record on Review
Statutory Construction in the Administrative State
The Pre-Chevron Law
The Chevron Two-Step
Effects of Chevron
Scope of Chevron
Agency Delay
The Problem
Legal Remedies for Delay
The APA Remedy
Statutory Deadlines
Forbidden Remedies
Presumption of Reviewability
Statutory Preclusion of Review
Committed to Agency Discretion by Law
Presumption of Unreviewability of Agency Inaction
Timing of Review
Introductory Overview
Final Agency Action
Exhaustion of Administrative Remedies
Common Law Exhaustion
Statutory Exhaustion
Intra-Agency Appeals
Issue Exhaustion
Primary Jurisdiction
Introductory Overview
Constitutional Limits on Standing
Injury in Fact
Constitutional Limits on Standing-Continued
Standing of Associations
Injury, Causation, and Redressability in Context
Economic Injuries
Environmental Injuries
Informational Injuries
Procedural Injuries
Statutory Prerequisites of Standing
Political Controls
Legislative Controls
Less Formal Means of Control
Constitutional Limits on Legislative Power
Due Process
Legislative Vetoes
Agencies Controlled by Congress
Executive Controls
The Appointment Power
The Removal Power
Informal Influence
Systematic controls
Agency Power to Investigate
Introductory Overview
Mandatory Reports and the Subpoena Power
Agency Inspections
Freedom of Information Act and Other Open Government Acts
The Freedom of Information Act
Disclosure to Any Person
Timing and Cost of Disclosure
Exemption One: National Security
Exemption Two: Internal Personnel Rules
Exemption Three: Information Exempted by Other Statutes
Exemption Four: Trade Secrets
Exemption Five: Inter-Agency and Intra-Agency Memoranda
Exemption Six: Personal Privacy
Exemption Seven: Law Enforcement Records
Exemption Eight: Records of Financial Institutions
Exemption Nine: Oil Well Data
Exemption Ten:' Critical Infrastructure
The Freedom of Information Act-Continued
Exemption Eight: Records of Financial Institutions
Exemption Nine: Oil Well Data
Exemption Ten: Critical Infrastructure
The Privacy Act
Sunshine Act
Advisory Committee Act
Private Rights of Action for Violations of Agency Administered Statutes
Express Private Rights of Action
Implied Private Rights of Action
Rights Enforceable Through 1983
Tort Actions Against Agencies and Agency Officials
Federal Tort Claims Act
Bivens Actions
Section 1983 Actions
Table of Cases
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