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Taylor & Francis
Administrative Law in the Political Sys / Edition 5

Administrative Law in the Political Sys / Edition 5

by Kenneth F Warren


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Product Details

ISBN-13: 9780813344560
Publisher: Taylor & Francis
Publication date: 08/03/2010
Edition description: Fifth Edition
Pages: 636
Sales rank: 801,054
Product dimensions: 7.00(w) x 9.90(h) x 1.30(d)

About the Author

Kenneth F. Warren is Professor of Political Science at Saint Louis University, USA, where he teaches and conducts research in the area of American politics. President of the Warren Poll for over two decades, he also conducts polls for the media, government, private clients, and politicians. He has served as a political analyst for local, national, and international media for thirty years, appearing in the New York Times, the London Times, the Wall Street Journal, and the New Republic, and on most major television networks.

Table of Contents

Preface xi

1 Administrative Law: An Introduction 1

Objectives of This Book 1

Organization of This Book 2

This Book's Approach: Systems Theory 3

Administrative Agencies Play the Lead Roles 7

The Nature of Administrative Law 15

Administrative Laws Increasing Relevance 23

Summary 25

Saint Louis University v. Masonic Temple Association, 220 S.W. 3d 721 (2007) 25

Comments and Questions 30

Notes 31

2 The Growth of Administrative Power and its Impact on the American System 35

Growth of the Administrative System 35

Agency Proliferation: From George Washington to Barack Obama 35

An Important Historical Development: The Delegation of Power to Administrative Agencies 46

The Power of Administrative Officials and Agencies 58

Administrative Growth, the Public Interest, and Administrative Law Considerations 63

Regulating in the Public Interest: Regulation Versus Deregulation 75

Summary 88

Whitman Administrator of Environmental Protection Agency v. American Trucking Associations, 531 U.S. 457; 121 S.Ct. 903 (2001) 89

Comments and Questions 97

Notes 99

3 Legislative Attempts to Achieve Democratic Accountability in the Administrative Process 105

Keeping Administrators Accountable 105

Traditional Congressional Oversight Powers 109

Seeking Administrative Accountability Through Guidance Legislation 116

The Administrative Procedure Act: An Overview of Its Role in Controlling Administrative Behavior 128

Sunshine and Sunset Legislation 138

Summary 142

Rutan v. Republican Party of Illinois, 497 U.S. 62; 110 S.Ct 2729 (1990) 144

Comments and Questions 151

Notes 152

4 Protecting Administrators from Undue Interference and Harassment 157

Legitimate Versus Illegitimate Meddling in the Administrative Process 157

Protecting Administrators from Themselves and Others: Conflict-of-Interest Laws 158

Congressional Influence Peddling 166

Tinkering with Administrators: The President's Appointment and Removal Powers 179

Summary 187

Wiener v. United States, 357 U.S. 349; 78 S.Ct. 1275 (1958) 188

Comments and Questions 190

Notes 191

5 Rulemaking: Agencies as Legislative Bodies 195

The Growing Importance of Agency Rulemaking 195

What Is Rulemaking? 196

Rulemaking: Loopholes and Their Significance 202

The Democratic Character of Rulemaking Procedures and Public Policy Outputs 207

Sensible Suggestions for Making Rulemaking More Democratic 216

Summary 226

Motor Vehicle Mfrs. Ass'n v. State Farm Mutual, 463 U.S. 29; 103 S.Ct. 2856 (1983) 227

Comments and Questions 232

Notes 233

6 The Public Policy-Making Tug-of-War between Rulemaking and Ordermaking 239

What Is Ordermaking? 239

Differentiating Ordermaking from Rulemaking 241

Pros and Cons of Ordermaking and Rulemaking in Agency Policymaking 243

Summary 249

National Labor Relations Board v. Bell Aerospace Company, 416 U.S. 267; 94 S.Ct. 1757 (1974) 250

Comments and Questions 253

Notes 254

7 Agency Hearings: How fair are they? 257

Serving Due Process in Agency Hearings 257

Administrative Hearings Versus Court Trials 260

Bias, Due Process, and Regulatory Effectiveness 266

Considering Evidence in Agency Hearings 272

Decision Making in Agency Adjudications 288

Summary 297

State of California v. Federal Energy Regulatory Commission, 329 F.3d 700 (9th Cir. 2003) 298

Comments and Questions 306

Notes 307

8 Administering Public Policies: Discretionary Agency Actions 313

Formal Versus Informal Agency Actions 313

Defining Administrative Discretion 315

A Historical Glance at Discretion: The Rule of Law Versus Discretionary Power 317

Kenneth Culp Davis on the Problem of Discretion 319

A Critique of Davis's Discretionary Justice 327

Reacting to Davis: Gifford's Model of Discretionary Decision Making 330

The Courts' Role in Controlling Discretionary Agency Actions 333

Cases Overruling Discretionary Actions 334

Cases Upholding Discretionary Actions 338

Nontraditional Alternatives to Controlling Administrative Power 344

Summary 354

Federal Communications Commission v. Fox Television Stations, 129 S.Ct. 1800 (2009) 355

Comments and Questions 361

Notes 362

9 Judicial Review of Agency Behavior 369

Judicial Review: An Overview 369

The Changing Role of the Courts 371

The Availability of Judicial Review of Administrative Actions 377

Scope of Review 393

Court Orders and Problems of Compliance 404

Summary 405

United States v. Mead Corporation, 533 U.S. 218; 121 S.Ct. 2164 (2001) 406

Comments and Questions 414

Notes 415

10 Suing the Government and its Administrators 419

Tort Liability Issues in a Democratic State: An Overview 419

The Sovereign Immunity Doctrine 420

Suing Governmental Administrators: The Road to Qualified Immunity for Administrators 424

Toward Increased Governmental Liability and Decreased Official Liability? 443

The Question of Presidential Immunity 453

Summary 459

Jones v. Byrnes, U.S. App. Lexis 24476 (6th Cir. 2009) 460

Comments and Questions 467

Notes 468

11 An Administrative Law Challenge: Balancing Societal and Individual Rights When Conducting Administrative Searches and Seizures 473

Balancing: A Tough Challenge for Administrators 473

Preserving Individual Liberties in the Face of Mass Control Efforts: An Introductory Comment 473

Administrative Practices and the Bill of Rights 476

Administrative Actions Under the Fourth Amendment 477

The Decline of the Individual's Right Against Self-incrimination During the Rise of the Administrative State 500

"Administrative" Searches and Seizures Since the Terrorist Attacks of 9/11 and the Passage of the USA PATRIOT Act 521

Summary 535

Safford Unified School District #7 v. Redding, 555 U.S._; 129 S.Ct. 2633 (2009) 537

Comments and Questions 542

Notes 543

Appendix: Federal Administrative Procedure Act 551

Glossary: Key Legal Terms 563

Case Index 577

Name Index 587

Subject Index 595

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