Principles of Administrative Law, 2d (Concise Hornbook Series) by Werhan, Keith -- Read -- Imperial Library of Trantor

Index

Cover Page Title Page Copyright Page Dedication Preface to the Second Edition Preface to the First Edition Table of Contents Chapter 1. An Introduction to the Study of Administrative Law

§ 1.1 What Is Administrative Law? § 1.2 What Are Administrative Agencies? § 1.3 What Motivates Agency Action? § 1.4 The “Traditional Model” of Administrative Law § 1.5 A History of the American Administrative State and of American Administrative Law

(a) The Antebellum Era and the Pre-modern Administrative State, 1789–1860 (b) The Progressive Era and the Origins of the Modern Administrative State, 1860–1932 (c) The New Deal and Its Aftermath, 1933–1946 (d) The Maturation of the Modern Administrative State, 1946 (e) The Activism of the Public Interest Era, 1964–1977 (f) The Retrenchment of the Deregulation Era, 1978–2008 (g) Toward a Regulatory Revival?, 2009–Present

Chapter 2. Administrative Agencies in American Constitutional Government

§ 2.1 An Introduction to Separation of Powers and Checks and Balances in the United States Constitution § 2.2 An Introduction to the Place of Administrative Agencies in the Separation of Powers § 2.3 Administrative Agencies and Congress

(a) The Nondelegation Doctrine (b) The Legislative Veto (c) The “Report and Wait” Process (d) Other Congressional Controls on Administrative Agencies

§ 2.4 Administrative Agencies and the President

(a) The Appointment of Administrative Officials (b) The Removal of Administrative Officials (c) Presidential Oversight of Government Administration

§ 2.5 Administrative Agencies and the Courts

(a) Administrative Agencies as Adjudicatory Alternatives to Federal Courts (b) Administrative Adjudication and the Right of Trial by Jury

Chapter 3. Due Process in the Administrative State

§ 3.1 The Rulemaking-Adjudication Distinction

(a) Nature of the Decisions (b) Nature of the Effect on Individuals (c) Number of Individuals Affected

§ 3.2 The Early Understanding of Procedural Due Process: The Right-Privilege Distinction § 3.3 The Due Process Revolution § 3.4 The Due Process Counterrevolution and the Contemporary Approach

(a) Deprivation of Property (b) Deprivation of Liberty (c) The Meaning of Deprivation (d) The Process That Is Due (e) The Timing of Due Process

Chapter 4. The Administrative Procedure Act and the Procedural Forms of Agency Action

§ 4.1 Introduction to the Administrative Procedure Act § 4.2 The Distinction Between Rulemaking and Adjudication Pursuant to the Administrative Procedure Act § 4.3 The Distinction Between Formal and Informal Proceedings Pursuant to the Administrative Procedure Act

(a) Informal Rulemaking v. Formal Rulemaking (b) Informal Adjudication v. Formal Adjudication

§ 4.4 The Power of Agencies to Choose Between Rulemaking and Adjudication

(a) Agency Power to Make Policy Through Adjudication (b) Agency Power to Resolve Adjudicatory Issues Through Rulemaking

Chapter 5. Formal Adjudication Under the Administrative Procedure Act

§ 5.1 Separation of Functions

(a) Institutional Separation of Functions (b) Separation-of-Functions Limitations on Administrative Law Judges in Formal Adjudicatory Proceedings (c) Separation-of-Functions Limitations on Agency Law-Enforcement Personnel in Formal Adjudicatory Proceedings

§ 5.2 Pre-hearing Procedures

(a) Notice of Agency Hearing (b) Intervention (c) Discovery (d) Settlement and Pre-hearing Conferences

§ 5.3 The Administrative Hearing

(a) The Hearing Officer: Administrative Law Judges (b) Right to Counsel (c) Right to Present Evidence (d) Right to Cross-Examination (e) Burden of Proof (f) Standard of Proof (g) Rules of Evidence (h) Official Notice

§ 5.4 The Initial Decision § 5.5 Administrative Review § 5.6 Ex Parte Communications § 5.7 Bias

(a) Structural Bias (b) Bias in Particular Cases

Chapter 6. Informal Rulemaking Under the Administrative Procedure Act

§ 6.1 The Rise of Judicial Hybrid Rulemaking § 6.2 Vermont Yankee and the Demise of Judicial Hybrid Rulemaking § 6.3 Informal Rulemaking After Vermont Yankee

(a) Notice of Proposed Rulemaking (b) Public Participation and Agency Consideration (c) The Final Rule and the Agency’s Statement of Basis and Purpose (d) Vermont Yankee and Judicial Enhancement of the Administrative Procedure Act’s Procedural Requirements for Agency Rulemaking (e) E-Rulemaking

§ 6.4 Ex Parte Communications and Bias in Informal Rulemaking § 6.5 Exemptions from the Informal Rulemaking Process

(a) Legislative Rules (b) Guidance Documents (c) Procedural Rules (d) The Good Cause Exemptions

Chapter 7. The Availability and Timing of Judicial Review

§ 7.1 The Administrative Procedure Act’s Roadmap for Judicial Review

(a) Special Statutory Review (b) APA (or General Statutory) Review (c) Nonstatutory Review

§ 7.2 The Availability of Judicial Review

(a) Statutory Preclusion of Judicial Review (b) Agency Action Committed to Agency Discretion (c) Standing

§ 7.3 The Timing of Judicial Review

(a) Finality (b) Ripeness (c) Exhaustion of Administrative Remedies

Chapter 8. The Nature and Scope of Substantive Judicial Review

§ 8.1 Introduction to Substantive Judicial Review § 8.2 The Framework of Substantive Judicial Review § 8.3 The Administrative Record § 8.4 The Three Elements of Agency Decision-making § 8.5 Judicial Review of Agency Findings of Fact

(a) Formal Proceedings (b) Informal Proceedings

§ 8.6 Judicial Review of Agencies’ Interpretations of Their Enabling Acts

(a) The Traditional Doctrine: Skidmore Deference (b) The Chevron Revolution (c) The Chevron Doctrine in Operation (d) The Mead Counter-revolution

§ 8.7 Judicial Review of Agencies’ Interpretations of Their Rules § 8.8 Judicial Review of the Ultimate Decision of the Agency

(a) The Traditional Approach (b) Hard Look Judicial Review

§ 8.9 Judicial Power to Compel Agency Action

Index

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