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Legalines on Administrative Law, 10th, Keyed to Strauss

By Paul S. Dempsey

ISBN-13: 9780314155245

Availability: In Stock

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Series: Legalines

Brand: Gilbert Law Publishing

Pages: 208

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

This study aid provides detailed explanation of the cases in the administrative law casebook by Gellhorn. The discussion of each case provides the facts of the case, issues, holdings, and the court's reasoning. This title includes cases that pertain to constitutional framework for administration, the exercise of administrative power, the scope of review of administrative action, the constitutional requirement of an opportunity to be heard, agency acquisition and information, open government and the freedom of information act, the process of agency decision, and judicial control of administrative action.

Features

Additional relevant cases cited in text summaries
Briefs written by attorneys or professors and edited by a professional staff
Extended table of contents at start of text provides overview of subject and last minute review
Outline format provides relevant supplementary material for subject
Table of cases and case names in the outside page margins allow for quick page reference

Summary Of Contents

An Introduction to Administrative Law
1. Nature and Background of the Subject
2. Varieties of Administrative Agencies
Agencies and the Structural Constitution
1. Separation of Powers
2. Administrative Agencies
3. The Constitutionality of Empowering Agencies to Make and Enforce Regulatory Policy
4. Constitutional Limits on Agency Power
5. Controlling Agency Power: Constitutional Issues In Congressional and Presidential Oversight Efforts
Procedural Frameworks for Administrative Action
1. Sources of Procedural Requirements
2. The Fundamental Procedural Categories of Administrative Action
3. Rights to Refuse Cooperation With Information Demands
4. Acquiring Documents
The Procedural Categories in Action: Adjudication
1. Initial Hearings in Formal Adjudication
2. Formal Adjudication at the Agency Level—Issues of Role
3. Informal Adjudication
The Procedural Categories in Action: Rulemaking
1. The Statutory Forms of Rulemaking and the Problem of Authority
2. Tip of the Iceberg—The Visible Rulemaking Procedures of Section 553
3. What Lies Beneath the Surface—The Course of Contemporary Rulemaking
4. The Publication Alternative to Notice-and-Comment Rulemaking
Open Government and the Freedom of Information Act
1. Freedom of Information and Government Needs for Confidentiality
2. Freedom of Information and Private Needs for Confidentiality
Procedural Due Process: Constitutional Constraints on Administrative Decisionmaking
1. Procedural Due Process
2. Legislative vs. Judicial Functions
3. Growing Pains: Due Process Encounters the Ambitions of Modern Government
4. Due Process Explosion: Liberty, Property, and Some Kind of Hearing
5. Contemporary Doctrine: What Sort of Interests Trigger Due Process Protection?
6. Contemporary Doctrine: What Process is Due? And When?
Scope of Review of Administrative Action
1. Framing the Discussion
2. The Baseline Norm of Legal Regularity
3. Judicial Review of Agency Factual Determinations
4. Judicial Review of Agency Determinations Beyond the Facts
Obtaining Judicial Review: Access to Court to Challenge Agency Action or Inaction
1. Introduction
2. Methods of Obtaining Judicial Review
3. Standing to Invoke Judicial Review
4. Reviewability: Agency Actions Subject to Judicial Scrutiny
5. The Timing of Judicial Intervention
6. Actions for Damages as a Form of Review