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Administrative Law and Process in a Nutshell / Edition 4
     

Administrative Law and Process in a Nutshell / Edition 4

by Walter Gellhorn, Ronald M. Levin, Ronald M. Levin, Ronald M. Levin
 

ISBN-10: 0314066837

ISBN-13: 9780314066831

Pub. Date: 07/01/1997

Publisher: West Academic Publishing

One of the more significant developments in the last half of the 20th century has been the huge growth of governmental agencies and the importance of the governing administrative law. This volume will help you excel at understanding general principles, policy considerations and methods of analysis of federal, state or local agency procedures. After you become well

Overview

One of the more significant developments in the last half of the 20th century has been the huge growth of governmental agencies and the importance of the governing administrative law. This volume will help you excel at understanding general principles, policy considerations and methods of analysis of federal, state or local agency procedures. After you become well oriented within the corridors of the agency world, you'll be able to address administrative law exam questions with greater confidence and accuracy.

Product Details

ISBN-13:
9780314066831
Publisher:
West Academic Publishing
Publication date:
07/01/1997
Series:
Nutshell Series
Edition description:
Older Edition
Pages:
459
Product dimensions:
4.88(w) x 7.34(h) x 0.73(d)

Table of Contents

Table of Cases
Table of Statutes
Table of Agencies
Chapter 1 The Delegation of Authority to Agencies
A. The Delegation Issue
B. Development of Doctrine
C. Modern Controversy Over the Delegation Doctrine
D. Construction to Save a Delegation
E. Delegation of Judicial Power
F. The Delegation Doctrine in the States
Chapter II Political Controls Over Agency Action
A. Legislative Oversight by Formal Action
B. Informal Legislative Oversight
C. Control Over Personnel
D. Other Executive Oversight
E. The Future of Separation of Powers
Chapter III The Scope of Judicial Review
A. Law, Fact, and Discretion
B. Legal Issues
C. Substantial Evidence Review
D. Abuse of Discretion Review
E. Findings and Reasons
F. Review on the Administrative Record
G. Review of Rules
H. Agency Inaction and Delay
I. Conclusion
Chapter IV Acquiring and Disclosing Information
A. Agency Investigations in Context
B. Subpoenas: General Principles
C. Substantial Evidence Review
D. Abuse of Discretion Review
E. Findings and the Reasons
F. Review on the Administrative Record
G. Review of Rules
H. Agency Inaction and Delay
I. Conclusion
Chapter V The Informal Administrative Process
A. Settlement, Negotiation, and Alternative Dispute Resolution
B. Applications and Claims
C. Tests and Inspections
D. Suspensions, Seizures, and Recalls
E. Supervision
F. Publicity
G. Advice and Declaratory Orders
H. Contracts and Grants
I. Management
Chapter VI Procedural Due Process
A. Interests Protected by Due Process
B. Other Threshold Issues
C. The Process That Is Due
D. The Future of the "Due Process Revolution"
Chapter VII Formal Adjudications
A. Parties
B. Discovery
C. Evidence
D. The Institutional Decision
E. Bias and Prejudgment
F. Findings, Conclusions, and Reasons
Chapter VIII Procedural Shortcuts
A. Legislative Rulemaking
B. Summary Judgment
C. Official Notes
Chapter IX Rules and Rulemaking
A. The Types of Administrative Rules
B. Rulemaking Procedures
C. Executive Oversight
D. Rulemaking by Negotiation
E. Required Rulemaking
F. Conclusion: Rulemaking in Transition
Chapter X Obtaining Judicial Review
A. Jurisdiction: Routes to Review
B. Unreviewable Administrative Actions
C. Standing
D. Timing of Judicial Review
E. Primary Jurisdiction
F. Damage Actions Against the Government
G. Damage Action Against Officers
APPENDICES INDEX

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