Administrative Law, Principles and Practice (American Casebook Series)

Author: John H. Reese
Published: June 2003
Publisher: West Group
ISBN: 0314263373
Hardcover Book
Number of Pages: 886

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Attention is given to administrative law, the Administrative Procedure Act, and public information. The authors continue with a discussion of agency administration of its legislative program followed by procedural requirements for rulemaking and for federal adjudication, and procedural rights of persons and parties. The text includes material on constitutionally required procedural fairness, formal hearing and agency decisions in formal proceedings, and additional APA provisions. The book concludes by addressing the availability of judicial review, timing, relief pending, and scope of judicial review.

Table of ContentsPreface to the Second EditionPreface to the First Edition Acknowledgements Table of Cases Table of Statutes Chapter Introduction To Administrative Law What Is Administrative Law? Why Do We Have Administrative Agencies? What Is an Administrative Agency? Separation of Powers Creating an Agency Summary—The Headless ССFourth Branch'' of Government Introduction to the APA Relevance of APAs History of APAs The Purposes and Structure of the Federal APA General Analysis Under APA The Fundamental Distinction Between Rule Making and Adjudication Summary: The Role of APAs in Administrative Law Public Information Section 3 of the Original APA The Freedom of Information Act The Privacy Act of 1974 The Government in the Sunshine Act Agency Administration of Its Legislative Program Asserting Agency Authority—The Available Means Asserting Agency Authority—Choosing the Means Asserting Agency Authority—Making the Choices Asserting Agency Authority—The Court—Imposed Choice Asserting Agency Authority—Implementing the Choice Procedural Requirements for Rule Making—Federal Agency Legislation The Administrative Procedure Other Procedural Requirements for Federal Rule Making Procedural Requirements for Rule Making: State and Local Procedural Requirements for Adjudication—Federal Initiating the Adjudicatory Process Adjudication Procedures: Agency Legislation Adjudication Procedures: Administrative Procedure Legislation (APA) Informal Adjudication Summary Procedural Rights of Persons and Parties Introduction Agency Legislation Administrative Procedure Act (APA) Discovery: Court Rules, The APA, The Freedom of Information Act (FOIA) and Agency Discovery Rules Constitutionally Required Procedural Fairness Introduction Does Due Process Apply? What Process Is Due? Procedural Due Process—Summary Formal Hearings Introduction The Administrative Procedure Agency Decisions in Formal Proceedings Individual and Institutional Decisions The Morgan Cases Extensive Delegation Within the Agencies Decision Requirements in Agency Legislation Decision Requirements in the APA Additional APA Provisions Agency Powers and Sanction Authority Agency Licensing Actions Coordination With Other Statutes and Superseding or Modifying the APA Negotiated Rule Making The Negotiated Rulemaking Act Administrative Dispute Resolution The Administrative Dispute Resolution Act Regulatory Flexibility The Regulatory Flexibility Act Availability of Judicial Review Presumption of Reviewability Jurisdiction to Provide Review Preclusion of Review Form of Proceeding; Venue; Review in Enforcement Proceedings Federal Court Standing: Model for Making a Standing Analysis; Sovereign Immunity Introduction: Standing as a Component of Article III Justiciability Major Factors Involved in Standing Analysis Major Factors Analyzed Special Considerations—Administrative Law A General Model for Standing Analysis Standing Themes Illustrated Sovereign Immunity Timing of Judicial Review and Relief Pending Review Finality and Ripeness Exhaustion of Administrative Remedies Primary Jurisdiction Relief Pending Judicial Review and Interim Relief Scope of Judicial Review Questions of Law Findings of Fact A Summary Statement on Judicial Review Scope of Judicial Review in the States Index

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