ISBN-10:
0735571422
ISBN-13:
9780735571426
Pub. Date:
02/01/2008
Publisher:
Wolters Kluwer Law & Business
Administrative Law, Second Edition / Edition 2

Administrative Law, Second Edition / Edition 2

Hardcover

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Product Details

ISBN-13: 9780735571426
Publisher: Wolters Kluwer Law & Business
Publication date: 02/01/2008
Edition description: Older Edition
Pages: 814
Product dimensions: 7.00(w) x 10.20(h) x 1.70(d)

Table of Contents

I. Introduction

A. Overview of the Work and Place of Administrative Agencies in Our System of Government

B. Adjudication and Rulemaking

II. Adjudication

A. Constitutional Right to a Hearing

B. How Much Process Is Due?

C. Statutory Hearing Rights: Triggering APA Requirements

D. Parties and Intervention

E. Evidence and Proof Issues

F. Combination of Functions

G. Bias

H. Ex Parte Contacts

I. Estoppel Against the Government

J. Document Disclosure and Open Meetings

III. Rulemaking

A. Introduction to Rulemaking

B. Notice and Comment: “Informal” Rulemaking

C. Exceptions to Informal Rulemaking Requirements

D. Beyond Notice and Comment: “Formal”, “Hybrid”, and Negotiated Rulemaking

E. Must an Agency Promulgate Rules?

F. Avoiding Adjudication Through Rulemaking

G. Must an Agency Adhere to Its Rules?

IV. Role of Agencies in Three-Branch Government

A. Historical Introduction

B. Conforming Agency Practice to Article III

C. The Nondelegation Doctrine

D. The Legislative Veto

E. Executive Power to Appoint

F. Executive Power to Remove

G. The Role of the President in Implementing Statutes

H. Executive Power and the War on Terror

V. Judicial Review

A. Scope of Review of Fact

B. Scope of Review of Law

C. Distinguishing Issues of Fact and Law

D. Scope of Review of Exercises of Discretion

E. Distinguishing Among Issues of Fact, Law and Discretion

F. Cause of Action, Reviewability, Jurisdiction, Immunity

G. Standing

H. Ripeness

I. Finality

J. Exhaustion of Administrative Remedies

K. Judicial Remedies for Unlawful Agency Action

Appendix A The Constitution of the United States

Appendix B The Administrative Procedure Act (Selected Provisions)

Appendix C 1981 Model State Administrative Procedure Act (Selected Provisions)

Table of Cases
Index

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