Administrative Law

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. 

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