Administrative Law: Bureaucracy in a Democracy / Edition 4

Hardcover (Print)
Buy Used
Buy Used from
(Save 40%)
Item is in good condition but packaging may have signs of shelf wear/aging or torn packaging.
Condition: Used – Good details
Used and New from Other Sellers
Used and New from Other Sellers
from $1.99
Usually ships in 1-2 business days
(Save 98%)
Other sellers (Hardcover)
  • All (23) from $1.99   
  • New (2) from $50.00   
  • Used (21) from $1.99   
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any coupons and promotions
Seller since 2015

Feedback rating:



New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

Brand new.

Ships from: acton, MA

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
Seller since 2015

Feedback rating:


Condition: New
Brand new.

Ships from: acton, MA

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Sort by


Latest Trends in Administrative Law!

  • "Real world" Procedural Aspects
  • Includes
    • Rulemaking
    • Informal Action
    • Agency Discretion
    • Formal Adjudication
  • Legal Analysis
  • Civil Liability
Read More Show Less

Editorial Reviews

This textbook examines administrative law with an eye toward accountability and the prevention of abuse. It introduces the basic knowledge relating to administrative agencies and the laws that govern their behavior, illustrating major principles with case excerpts. Chapters address issues like agency discretion, the requirements of fairness, delegation, agency rule making, adjudications, and the methods of maintaining accountability through review, access, and liability. Hall teaches at the University of Central Florida. Annotation c. Book News, Inc., Portland, OR (
Read More Show Less

Product Details

  • ISBN-13: 9780135005187
  • Publisher: Prentice Hall
  • Publication date: 7/15/2008
  • Series: Pearson Custom Library: Paralegal Studies
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 456
  • Product dimensions: 8.40 (w) x 10.80 (h) x 0.80 (d)

Table of Contents

Ch. 1 Introduction 1
Ch. 2 Bureaucracy and democracy 13
Ch. 3 Agency discretion 33
Ch. 4 The requirement of fairness 49
Ch. 5 Delegation 89
Ch. 6 Agency rulemaking 117
Ch. 7 Agency investigations and information collection 141
Ch. 8 Formal adjudications 177
Ch. 9 Accountability through reviewability 213
Ch. 10 Accountability through accessibility 257
Ch. 11 Accountability through liability 295
Ch. 12 Researching administrative law issues 331
App. A Constitution of the United States of America 343
App. B Administrative Procedure Act excerpts 363
App. C Selected executive orders 397
Read More Show Less



No legal subject is as timely and important as administrative law. Today, nearly every person will have contact with several government agencies in a year's time while never making contact with an elected representative. Even more, individuals, especially those who own or operate businesses, are more heavily regulated by administrative agencies than they are by their "political" representatives. The Framers of the United States Constitution intended to create a self-governing republic. But the Framers lived in a simpler world, one without international travel, the Internet, and businesses as large and powerful as nations. Governments have turned to large bureaucratic agencies to meet the demands of the increasingly large and complex nation.

The challenge is to remember what the Framers feared and to remain steadfast in preserving what they designed, even in the wake of social and technological change. This text is devoted to the idea that government is to remain accountable, and thereby tyranny can be prevented. The simple division of power into federal and state and into three branches is no longer realistic. But the principle is the right one, and with some molding it can continue to be an effective structural constraint on agency authority. The reader will learn in this text that most constitutional rules and doctrines that apply to administrative law are intended to keep government accountable. Even more, when distilled, many of them are founded upon separations theory.

There are three goals in this text:

  • to examine administrative law in the context of accountability and theprevention of abuse;
  • to assist students in critical thinking and case analysis by including case excerpts;
  • to provide students with some practical knowledge of administrative agencies and the laws that govern their behavior.


The writing style and language of this book are intended for the undergraduate student in law, justice, or political science or the graduate student in non-law fields. When used, legalese is explained.

As mentioned, I have included case excerpts throughout the text. Cases were selected on the basis of the following criteria: importance and impact, currentness, clarity of writing, and ability to be edited successfully. The book has been written so that the text can stand alone. The cases are used to illustrate or more fully develop ideas that are discussed in the text.

In order to keep the cases an appropriate length, considerable text .has been excised from most of the cases. The guiding principle in the editing process was to reduce the size of each case without jeopardizing its legal and educative integrity. Some internal citations have been retained, others removed. In some instances, especially a long string of cities, the removal of a citation is denoted with an ellipsis. In others, the citation has been removed without notation.

Many illustrations, graphs, and figures are used to assist the students in conceptualizing the subjects discussed. These include conceptual mapping diagrams as well as data charts.

Sidebars on topics related to the discussion in the text have been included to increase student interest in the subject.

Legal terms are in boldface in the text and defined in the margins.

At the close of each chapter, a legal Web site is featured in Lawlinks. In addition, a list of Web sites can be found in Chapter 12.

Review questions and review problems can be found at the close of each chapter. Review questions are designed to test the reader's retention of the content of the chapter. The review problems are designed to test the reader's ability to apply the concepts of the chapter to a set of facts or to engage in critical analysis.

Appendices include excerpts from the federal Constitution, the Administrative Procedure Act, and selected presidential executive orders.


Chapter 1 introduces the student to administrative agencies and administrative law. A discussion of the size of the American bureaucracy and how it impacts the daily lives of those living in the United States is intended to pique the reader's interest.

Chapter 2 sets the tone for the remainder of the book. It discusses the concept of free government, how the Framers of the Constitution intended to protect freedom, and the contemporary challenges administrative law faces today in this regard.

Chapter 3 examines agency discretion and provides many practical examples of discretionary agency authority. The idea of abuse of discretion is a segue to Chapter 4's discussion of due process and fairness.

Chapter 4 explores due process and equal protection in the administrative context. Practical problems are discussed, as is the conceptual aspects of protecting against governmental abuses.

Chapter 5 discusses legislative delegations of authority to agencies and Chapter 6 continues this discussion by examining delegation of rulemaking power. Delegations to private parties are included, as privatization is becoming increasingly popular. Delegations of criminal law authorities are also discussed because there appears to be an increase in the penal authority of many agencies.

Chapter 7 is concerned with agency investigations and data collection. Fourth Amendment search and seizure and Fifth Amendment self-incrimination issues are discussed in detail. Drug and AIDS testing are given special attention.

Chapter 8 is devoted to agency adjudications. The right to participate, adjudicatory procedures, administrative law judges' selection and bias, and other concepts are covered. This then leads into the discussion of judicial review found in Chapter 9.

Chapter 9 looks at judicial review of agency action. Limiting doctrines, such as exhaustion and primary jurisdiction, are discussed. Standards of review, scope of review, and sources of common law review are also part of this chapter.

Chapter 10 is entitled "Accountability Through Accessibility" and addresses open government. The federal Freedom of Information Act, Privacy Act, Open Meetings Act, Federal Advisory Committee Act, and Trade Secrets Act are detailed.

Chapter 11 looks at a different form of judicial review than that in Chapter 9. This chapter is concerned with the civil liability of governments and government officials in the performance of their duties. This chapter examines both federal and state common law remedies and immunities.

Finally, Chapter 12, written and contributed by Dr. Deborah Howard of the University of Evansville, provides students with the analytical framework and practical knowledge necessary to research administrative law issues. Dr. Howard has included a large list of legal Web sites. Any legal researcher will find this list helpful.

I hope this text assists you in teaching or learning this subject. Your comments or questions are welcomed. Please direct these either to Prentice Hall or me.

Daniel E. Hall

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)