Chapter 1: Overview; Non-delegation doctrine
why study administrative law?
the non-delegation doctrine: early theory -- “agencies cannot make laws” – versus practice
the non-delegation doctrine post-Schechter: arguments for agency power to regulate
giving agencies judge-like powers
so what am I supposed to do?
Chapter 2: The Legitimacy of U.S. Government Agency Power
the “transmission belt” theory; rationale for tight limits on agency powers
additional traditional justifications of U.S. government agency power: expertise, public
participation, representative bureaucracy; need for loose limits on agency powers
bureaucrats’ oath to support the Constitution as a limiting factor
people create the law they need
what am I supposed to do?
Chapter 3: Separation of Powers -- Legislative and Executive Control Over Administrative Agencies
legislative review of agency action
comptroller general to impose budget cuts? – Court says no; *special prosecutor not appointed by president? – Court says yes
executive control of administrative agencies
what am I supposed to do?
Chapter 4: Imposing Rational Structure on Administrative Procedure; Discretionary and informal agency action
keeping track of regulations
informal, “executive,” or discretionary agency action
investigation, prosecution, and imposition of penalties
non-public policymaking and “guidance”
what am I supposed to do?
Chapter 5: Rulemaking
estoppel”: fairness (?) in the implementation
what am I supposed to do?
Chapter 6: Preemption and Judicial Review of Agency Rulemaking
how too much Chevron deference causes disaster
Skidmore deference and Auer deference
state courts and Chevron deference
state preemption and local law
what am I supposed to do?
Chapter 7: Adjudication
agency power to conduct hearings; wide range of subject matter
“entitlements” and the Matthews balancing test
due process and government employment
the thin edge of due process
what am I supposed to do?
Chapter 8: Adjudication – how much process is due?
school suspension and expulsion
seeking less procedural protection; public pension appeals
what am I supposed to do?
Chapter 9: Adjudication – substantial evidence rule; an example in practice
hearsay and cross examination
standard of decision and standard of review
standard of decision: NOT “substantial evidence”; burden of proof
consistency or explanation
what am I supposed to do?
agency hearings: an example in practice
Chapter 10: Choice of rulemaking or adjudication
adjudication to the exclusion of rulemaking
adjudication to the exclusion of rulemaking; Florida’s unusual response
rulemaking to the exclusion of adjudication
what am I supposed to do?
Chapter 11: Availability of Judicial Review
exhaustion of administrative remedies
what am I supposed to do?
Chapter 12: Sovereign immunity and officer tort liability
sovereign immunity – history and rationale
officer tort liability -- immunity
officer tort liability – acting “under color of law”
officer tort liability – other factors
officer tort liability – immunity revisited
what am I supposed to do?
Chapter 13: Government employment rights and due process
protection against privatization
what am I supposed to do?
Chapter 14: “Transparency”: public access to government information
the Freedom of Information Act
pre-FOIA information access requirements of the Administrative Procedure Act
how FOIA empowers citizens to obtain government documents
how FOIA empowers agencies to withhold information to prevent abuse
how FOIA empowers agencies to withhold information to safeguard other substantive interests
how FOIA empowers agencies to withhold information to safeguard procedural interests open meeting laws
electronic transparency in rulemaking
what am I supposed to do?