Full Description
Feldman's overview examines the quotidian challenges of administrative responsibilities; his comprehensive approach provides students with a way to understand and manage this complicated aspect of the governance mission. Offering chapter-specific "what do I do now?" discussions and boxed excerpts from the APA, the book will be a valuable resource.
Contents
Chapter 1why study administrative law?the non-delegation doctrine: early theory -- "agencies cannot make laws" - versus practicethe non-delegation doctrine post-Schechter: arguments for agency power to regulategiving agencies judge-like powersconclusionso what am I supposed to do?practice problemsendnotesChapter 2: The Legitimacy of U.S. Government Agency Powerthe "transmission belt" theory; rationale for tight limits on agency powersadditional traditional justifications of U.S. government agency power: expertise, publicparticipation, representative bureaucracy; need for loose limits on agency powersbureaucrats' oath to support the Constitution as a limiting factorpeople create the law they needwhat am I supposed to do?practice problemendnotesChapter 3: Separation of Powers -- Legislative and Executive Control Over Administrative Agencies legislative review of agency actionthe legislative vetocomptroller general to impose budget cuts? - Court says no; *special prosecutor not appointed by president? - Court says yesexecutive control of administrative agencieswhat am I supposed to do?practice problemsendnotesChapter 4: Imposing Rational Structure on Administrative Procedure; Discretionary and informal agency actionkeeping track of regulationsinformal, "executive," or discretionary agency actioninvestigation, prosecution, and imposition of penaltiesnon-public policymaking and "guidance"informal rulemakingwhat am I supposed to do?practice problemendnotesChapter 5: Rulemakingthe rulemaking powerthe processefficiencyfairness in the processestoppel": fairness (?) in the implementationwhat am I supposed to do?practice problemsendnotesChapter 6: Preemption and Judicial Review of Agency Rulemaking preemptionhow too much Chevron deference causes disasterSkidmore deference and Auer deferencestate courts and Chevron deferencestate preemption and local lawwhat am I supposed to do?practice problemsendnotesChapter 7: Adjudicationagency power to conduct hearings; wide range of subject matterright versus privilege"entitlements" and the Matthews balancing testdue process and government employmentthe thin edge of due processwhat am I supposed to do?practice problemendnotesChapter 8: Adjudication - how much process is due?school suspension and expulsionwelfare benefitsmental health careseeking less procedural protection; public pension appealswhat am I supposed to do?practice problemendnotesChapter 9: Adjudication - substantial evidence rule; an example in practicehearsay and cross examinationstandard of decisionstandard of decision and standard of reviewstandard of decision: NOT "substantial evidence"; burden of proofex parte contactsbiased hearing officers?consistency or explanationwhat am I supposed to do?agency hearings: an example in practicepractice problemendnotesChapter 10: Choice of rulemaking or adjudicationadjudication to the exclusion of rulemakingadjudication to the exclusion of rulemaking; Florida's unusual responserulemaking to the exclusion of adjudicationwhat am I supposed to do?practice problemsendnotesChapter 11: Availability of Judicial Reviewstandingprimary jurisdictionripeness for reviewfinal order ruleexhaustion of administrative remediesmootnessconcluding notewhat am I supposed to do?practice problemendnotesChapter 12: Sovereign immunity and officer tort liabilitysovereign immunity - history and rationaleofficer tort liability -- immunityofficer tort liability - acting "under color of law"officer tort liability - other factorsofficer tort liability - immunity revisitedwhat am I supposed to do?practice problemendnotesChapter 13: Government employment rights and due processfreedom of speechchoice of appearancepolitical affiliationresidency requirementssexual harassmentprotection against privatizationwhat am I supposed to do?practice problemendnotesChapter 14: "Transparency": public access to government informationthe Freedom of Information Actpre-FOIA information access requirements of the Administrative Procedure Acthow FOIA empowers citizens to obtain government documentshow FOIA empowers agencies to withhold information to prevent abusehow FOIA empowers agencies to withhold information to safeguard other substantive interestshow FOIA empowers agencies to withhold information to safeguard procedural interests open meeting lawselectronic transparency in rulemakingwhat am I supposed to do?practice problemendnotes
