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Administrative Law
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Administrative Law
The Sources and Limits of Government Agency Power

  • Daniel L. Feldman - John Jay College of Criminal Justice, City University of New York


December 2015 | 264 pages | CQ Press
Why do unelected bureaucrats get to exercise power? What are the limits on those powers? What recourse do citizens have if bureaucrats abuse those powers? 

Anyone working with government needs to know the answers to these questions. Administrative Law: The Sources and Limits of Government Agency Power concisely examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance.  Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance. 
 
 
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

 
conclusion

 
so what am I supposed to do?

 
practice problems

 
endnotes

 
 
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?

 
practice problem

 
endnotes

 
 
Chapter 3: Separation of Powers -- Legislative and Executive Control Over Administrative Agencies
legislative review of agency action

 
the legislative veto

 
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?

 
practice problems

 
endnotes

 
 
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”

 
informal rulemaking

 
what am I supposed to do?

 
practice problem

 
endnotes

 
 
Chapter 5: Rulemaking
the rulemaking power

 
the process

 
efficiency

 
fairness in the process

 
estoppel”: fairness (?) in the implementation

 
what am I supposed to do?

 
practice problems

 
endnotes

 
 
Chapter 6: Preemption and Judicial Review of Agency Rulemaking
preemption

 
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?

 
practice problems

 
endnotes

 
 
Chapter 7: Adjudication
agency power to conduct hearings; wide range of subject matter

 
right versus privilege

 
“entitlements” and the Matthews balancing test

 
due process and government employment

 
the thin edge of due process

 
what am I supposed to do?

 
practice problem

 
endnotes

 
 
Chapter 8: Adjudication – how much process is due?
school suspension and expulsion

 
welfare benefits

 
mental health care

 
seeking less procedural protection; public pension appeals

 
what am I supposed to do?

 
practice problem

 
endnotes

 
 
Chapter 9: Adjudication – substantial evidence rule; an example in practice
hearsay and cross examination

 
standard of decision

 
standard of decision and standard of review

 
standard of decision: NOT “substantial evidence”; burden of proof

 
ex parte contacts

 
biased hearing officers?

 
consistency or explanation

 
what am I supposed to do?

 
agency hearings: an example in practice

 
practice problem

 
endnotes

 
 
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?

 
practice problems

 
endnotes

 
 
Chapter 11: Availability of Judicial Review
standing

 
primary jurisdiction

 
ripeness for review

 
final order rule

 
exhaustion of administrative remedies

 
mootness

 
concluding note

 
what am I supposed to do?

 
practice problem

 
endnotes

 
 
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?

 
practice problem

 
endnotes

 
 
Chapter 13: Government employment rights and due process
freedom of speech

 
choice of appearance

 
political affiliation

 
residency requirements

 
sexual harassment

 
protection against privatization

 
what am I supposed to do?

 
practice problem

 
endnotes

 
 
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?

 
practice problem

 
endnotes

 

“Dan Feldman’s writing style is informal and clear, almost as if he were having a conversation with his readers. The closing format for each chapter and the vivid examples are engaging, as they are often readily related to contemporary events and problems."

Peter L. Strauss
Columbia Law School

Administrative Law: The Sources and Limits of Government Agency Power is conversational and informative. It makes the difficult topics of administrative law clear and readable.”

Rose Mary Bailly
American Bar Association Advisor to the 2010 Drafting Committee to Revise the Model State Administrative Procedure Act

“One of the major strengths of Feldman’s book is that is it eminently readable. It flows easily, is engaging and not at all difficult to follow. I especially like the real life examples. They are useful additions, enabling the reader to take the concepts set forth in each chapter and see how they can be applied, while including follow-up information about how courts viewed the administrators’ actions.”

Dr. Mark Iris
Northwestern University

Did use once; but, the type of students entering the program may mean a book change.
Thank you

Professor Kimberley Garth-James
Public Administration Dept, Notre Dame De Namur University
November 29, 2016

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ISBN: 9781506308548
£45.99

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