Robinson, Gellhorn, and Bruff's The Administrative Process, 4th

By Harold H Bruff, Ernest Gellhorn, Glen O Robinson

ISBN-13: 9780314023773

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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Description

In this edition, the authors organize the chapters that explore policy and process within the agencies into the traditional functional categories of adjudication, informal action, and rulemaking. Compares and contrasts policymaking of the Federal Communications Commission (FCC) with the Federal Trade Commission (FTC) and also compares traditional forms of rulemaking by the FCC with the "new" style of environmental rulemaking by the Environmental Protection Agency (EPA).

Features

Addresses the nature and uses of rules, the rulemaking process, and standards
Covers individual rights and justice in the administrative state
Discusses the availability of judicial review
Examines acquiring, disclosing, and protecting information
Explains adjudication, hearing rights, and the basic process
Explores monetary relief against governments and their officers
Looks at informal administrative actions, and judicial and congressional control
Reviews the constitutional structure of government

Summary Of Contents

Preface
Acknowledgments
Table of Cases
Chapter
1. Introduction to the Study of Administrative Law
  1. The Rise of the Administrative State
  2. Theories of the Public Sector
  3. An Overview of the Administrative Process
  4. Judicial Review of Administrative Action
  5. State Administrative Law: An Overview
2. The Constitutional Structure of Government
  1. Legislative Control
  2. Executive Control of Administration: The Role of the President
  3. The Judicial Power and Administration
3. Availability of Judicial Review
  1. The Timing of Judicial Review
  2. Standing to Seek Review
  3. Reviewability
4. Adjudication
  1. Introduction
  2. Hearing Rights and Basic Process
  3. Participation
  4. Formality and Fairness
  5. Judicial Review of Adjudication
  6. Standards: Rationality and Public Purpose
5. Informal Administrative Actions
  1. Judicial Control of Informal Actions
  2. Congressional Control of Informal Actions
  3. Advice and Estoppel
  4. Enforcement Practices
  5. Alternative Dispute Resolution
6. Rulemaking
  1. The Nature and Uses of Rules
  2. Rulemaking Process
  3. Judicial Review of Rulemaking
  4. Standards: Rationality, Politics, and Public Purpose
7. Acquiring, Disclosing, Protecting Information
  1. Introduction
  2. Subpoena, Reports, and Records
  3. Inspections
  4. Disclosure and Openness
  5. Protecting Against Disclosure
8. Individual Rights and Justice in the Administrative State
  1. Introduction
  2. Public Employees With Strings Attached
  3. Welfare Benefits With Strings Attached
  4. Due Process
9. Monetary Relief Against Governments and Their Officers
  1. Governmental Liability
  2. Officers' Liability and Immunity
Appendix: Selected Constitutional and Statutory Provisions
Index