Part I: THE RULE OF LAW IN PUBLIC ADMINISTRATION
CHAPTER 1: WHY ADMINISTRATIVE LAW?
Theme One: A Brief History of the Administrative State
Theme Two: The Broad Reach of Administrative Action and Power
Theme Three: The Shortcomings of Regulatory Government
Setting the Stage for the Study of Administrative Law
Mississippi Reveals Dark Secrets of a Racist Time (Sack)
Excerpts from Mississippi File on a Black
Exercises and Questions for Further Thought
CHAPTER 2: THE ORIGINS AND MEANING OF ADMINISTRATIVE LAW
A First Look at the Development of Administrative Law
Adjudication and the Basics of Due Process: Three Illustrations
Morgan v. United States (1938)
Mathews v. Eldridge (1976)
Theme Four: What Is Administrative Law?
Theme Five: The Ethics of the Rule of Law in Bureaucratic Government
Exercises and Questions for Further Thought
Part II: ELEMENTS OF MODERN ADMINISTRATIVE LAW
CHAPTER 3: THE CONSTITUTIONAL AUTHORITY OF AGENCIES
The Constitutional Framework for Administrative Government
Lochner v. New York (1905)
National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)
Dolan v. City of Tigard (1994)
Kelo v. City of New London (2005)
Economic Libertarians, Property, and Institutions: Linking Activism, Ideas, and Identities among Property Rights Advocates (Hatcher)
The Illusion of the Ideal Administration (Jaffe)
Mistretta v. United States (1989)
Exercises and Questions for Further Thought
CHAPTER 4: THE STATUTORY AUTHORITY OF AGENCIES
The Law of Separation of Powers
Immigration and Naturalization Service v. Chadha (1983)
Statutory Limits on Agency Discretion
NAACP et al. v. Federal Power Commission (1976)
American Textile Manufacturers Institute v. Donovan (1981)
Chevron v. Natural Resources Defense Council, Inc. et al. (1984)
FDA v. Brown & Williamson (2000)
Christopher v. Smithkline Beechman Corp. (2012)
Vance v. Ball State University (2013)
Exercises and Questions for Further Thought
CHAPTER 5: INFORMATION AND ADMINISTRATION
Marshall v. Barlow’s, Inc. (1978)
Dow Chemical Company v. United States (1986)
Immigration and Naturalization Service v. Lopez-Mendoza et al. (1984)
Access to Information Held by Government
Department of the Air Force v. Rose (1976)
Milner v. Department of the Navy (2011)
United States Department of Justice v. Reporters Committee for Freedom of the Press (1989)
Nuclear Regulatory Commission v. Common Cause (1982)
Exercises and Questions for Further Thought
CHAPTER 6: INFORMALITY AND FORMALITY IN ADMINISTRATIVE LAW
Examples of Informal Administration
Informal Administration in Rulemaking and Adjudication
Bi-Metallic Investment Co. v. State Board of Equalization of Colorado (1915)
Adjudication at the Informal End of the Continuum
A Study of Informal Adjudication Procedures (Verkuil)
Board of Curators of the University of Missouri et al. v. Horowitz (1978)
Legal Problems in Informal Administration
Federal Crop Insurance Corp. v. Merrill (1947)
Exercises and Questions for Further Thought
CHAPTER 7: ELEMENTS OF AN ADMINISTRATIVE HEARING
A Threshold Question: What Triggers Formal Adjudication under the APA?
Marathon Oil Co. v. Environmental Protection Agency (1977)
The Components of a Hearing
Walters v. National Association of Radiation Survivors (1985)
A Determination on the Record and Statement of Reasons
Note: Administrative Findings under Section 8(c) (1965)
Mazza v. Cavicchia (1954)
Gibson v. Berryhill (1973)
Cinderella Career and Finishing Schools, Inc. v. Federal Trade Commission (1970)
A Return to First Principles: Rethinking ALJ Compromise (Wertkin)
Ventura v. Shalala (1995)
Another View of Informality and Formality in Administrative Hearings
EEOC Guidelines on Discrimination Because of Sex
Dear Colleague Letter: Sexual Violence (Department of Education)
New York University Policy on Sexual Assault, Harassment and Other Forms of Sexual Misconduct
Exercises and Questions for Further Thought
CHAPTER 8: AMBIGUITIES IN RULEMAKING PROCEDURES
Is Rulemaking a Desirable Administrative Strategy?
United States v. Florida East Coast Railway, Inc. (1973)
Legislative and Adjudicative Rulemaking
Natural Resources Defense Council v. Vermont Yankee Nuclear Power Corp. (1976)
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978)
Motor Vehicles Manufacturers Association v. State Farm Mutual Automobile Insurance Co. (1983)
Regulatory Reform: Creating Gaps and Making Markets (Harrington)
Exercises and Questions for Further Thought
CHAPTER 9: ENFORCEMENT OF ADMINISTRATIVE POLICY
Administrative Law and the Problem of Compliance
The Nature of Administrative Sanctions
Administrative Enforcement Techniques
Enforcement and Political Resistance
Citizen Initiation of Agency Enforcement
Environmental Defense Fund v. Ruckelshaus (1971)
Gwaltney of Smithfield v. Chesapeake Bay Foundation, Inc. and Natural Resources Defense Council (1987)
Massachussetts v. EPA (2007)
Legal Ambiguity and the Politics of Compliance: Affirmative Action Officers’ Dilemma (Edelman, Petterson, Chambliss, and Erlanger)
Exercises and Questions for Further Thought
CHAPTER 10: JUDICIAL REVIEW
Access to Judicial Review
Abbott Laboratories, Inc. v. Gardner (1967)
Association of Data Processing Service Organizations, Inc. v. Camp (1970)
United States v. Students Challenging Regulatory Agency Procedures (1973)
Clapper v. Amnesty International USA (2013)
The Scope of Judicial Review
Citizens to Preserve Overton Park v. Volpe (1971)
Reviewing Questions of Fact and Questions of Law
Universal Camera Corp. v. National Labor Relations Board (1951)
National Labor Relations Board v. Hearst Publications, Inc. (1944)
Scope of Review: Introduction to the American Public Law System (Mashaw and Merrill)
Huzaifa Parhat v. Robert Gates, Secretary of Defense et al. (2008)
Exercises and Questions for Further Thought
Part III: PRACTICAL PROBLEMS IN ADMINISTRATIVE LAW
CHAPTER 11: LIABILITY
Responsibilities and Liabilities in Law
Liabilities and Responsibilities Distinguished: An Important Illustration
Tort Liability of Government for Acts of Officials
Indian Towing Co., Inc. v. United States (1955)
Griffin v. United States (1974)
Allen v. United States (1987)
DeShaney v. Winnebago County Department of Social Services (1989)
County of Sacramento v. Lewis (1998)
A New Legal Shield for States
Exercises and Questions for Further Thought
CHAPTER 12: THE LAW OF PUBLIC EMPLOYMENT
The Development of Civil Service
The Constitutional Requirements of a Termination Hearing
Perry et al. v. Sindermann (1972)
Cleveland Board of Education v. Loudermill (1985)
Gilbert et al. v. Homar (1976)
Other Protections for Public Employees
National Treasury Employees Union et al. v. Von Raab (1989)
Washington v. Davis (1976)
United States District Court, Western District of Washington at Seattle
Exercises and Questions for Further Thought
Part IV: EVALUATING ADMINISTRATIVE LAW
CHAPTER 13: PRINCIPLES AND POLITICS IN ADMINISTRATIVE LAW
The Current Administrative Law Debate
Privatization, Prisons, Democracy, and Human Rights: The Need to Extend the Province of Administrative Law (Aman)
Outsourcing Sovereignty: Why Privatization of Government Functions Threatens Democracy and What We Can Do about It (Verkuil)
Agency’s ‘04 Rule Let Banks Pile Up New Debt (Labaton)
Practicing What We Have Preached
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