Administrative law : the sources and limits of governmental agency power

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書誌事項

Administrative law : the sources and limits of governmental agency power

Daniel L. Feldman

SAGE/CQ Press, c2016

  • : pbk

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Includes bibliographical references and indexes

内容説明・目次

内容説明

Why do unelected bureaucrats get to exercise power? What are the limits on those powers? What recourse do citizens have if bureaucrats abuse those powers? Anyone working with government needs to know the answers to these questions. Administrative Law: The Sources and Limits of Government Agency Power concisely examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.

目次

  • Chapter 1: Overview
  • Non-delegation doctrine why study administrative law? the non-delegation doctrine: early theory -- "agencies cannot make laws" - versus practice the non-delegation doctrine post-Schechter: arguments for agency power to regulate giving agencies judge-like powers conclusion so what am I supposed to do? practice problems endnotes Chapter 2: The Legitimacy of U.S. Government Agency Power the "transmission belt" theory
  • rationale for tight limits on agency powers additional traditional justifications of U.S. government agency power: expertise, public participation, representative bureaucracy
  • need for loose limits on agency powers bureaucrats' oath to support the Constitution as a limiting factor people create the law they need what am I supposed to do? practice problem endnotes Chapter 3: Separation of Powers -- Legislative and Executive Control Over Administrative Agencies legislative review of agency action the legislative veto comptroller general to impose budget cuts? - Court says no
  • *special prosecutor not appointed by president? - Court says yes executive control of administrative agencies what am I supposed to do? practice problems endnotes Chapter 4: Imposing Rational Structure on Administrative Procedure
  • Discretionary and informal agency action keeping track of regulations informal, "executive," or discretionary agency action investigation, prosecution, and imposition of penalties non-public policymaking and "guidance" informal rulemaking what am I supposed to do? practice problem endnotes Chapter 5: Rulemaking the rulemaking power the process efficiency fairness in the process estoppel": fairness (?) in the implementation what am I supposed to do? practice problems endnotes Chapter 6: Preemption and Judicial Review of Agency Rulemaking preemption how too much Chevron deference causes disaster Skidmore deference and Auer deference state courts and Chevron deference state preemption and local law what am I supposed to do? practice problems endnotes Chapter 7: Adjudication agency power to conduct hearings
  • wide range of subject matter right versus privilege "entitlements" and the Matthews balancing test due process and government employment the thin edge of due process what am I supposed to do? practice problem endnotes Chapter 8: Adjudication - how much process is due? school suspension and expulsion welfare benefits mental health care seeking less procedural protection
  • public pension appeals what am I supposed to do? practice problem endnotes Chapter 9: Adjudication - substantial evidence rule
  • an example in practice hearsay and cross examination standard of decision standard of decision and standard of review standard of decision: NOT "substantial evidence"
  • burden of proof ex parte contacts biased hearing officers? consistency or explanation what am I supposed to do? agency hearings: an example in practice practice problem endnotes Chapter 10: Choice of rulemaking or adjudication adjudication to the exclusion of rulemaking adjudication to the exclusion of rulemaking
  • Florida's unusual response rulemaking to the exclusion of adjudication what am I supposed to do? practice problems endnotes Chapter 11: Availability of Judicial Review standing primary jurisdiction ripeness for review final order rule exhaustion of administrative remedies mootness concluding note what am I supposed to do? practice problem endnotes Chapter 12: Sovereign immunity and officer tort liability sovereign immunity - history and rationale officer tort liability -- immunity officer tort liability - acting "under color of law" officer tort liability - other factors officer tort liability - immunity revisited what am I supposed to do? practice problem endnotes Chapter 13: Government employment rights and due process freedom of speech choice of appearance political affiliation residency requirements sexual harassment protection against privatization what am I supposed to do? practice problem endnotes Chapter 14: "Transparency": public access to government information the Freedom of Information Act pre-FOIA information access requirements of the Administrative Procedure Act how FOIA empowers citizens to obtain government documents how FOIA empowers agencies to withhold information to prevent abuse how FOIA empowers agencies to withhold information to safeguard other substantive interests how FOIA empowers agencies to withhold information to safeguard procedural interests open meeting laws electronic transparency in rulemaking what am I supposed to do? practice problem endnotes

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