Administrative Law and Process in a Nutshell Book

Table of Cases

Table of Statutes

Table of Agencies

Chapter 1 The Delegation of Authority to Agencies

A. The Delegation Issue

B. Development of Doctrine

C. Modern Controversy Over the Delegation Doctrine

D. Construction to Save a Delegation

E. Delegation of Judicial Power

F. The Delegation Doctrine in the States

Chapter II Political Controls Over Agency Action

A. Legislative Oversight by Formal Action

B. Informal Legislative Oversight

C. Control Over Personnel

D. Other Executive Oversight

E. The Future of Separation of Powers

Chapter III The Scope of Judicial Review

A. Law, Fact, and Discretion

B. Legal Issues

C. Substantial Evidence Review

D. Abuse of Discretion Review

E. Findings and Reasons

F. Review on the Administrative Record

G. Review of Rules

H. Agency Inaction and Delay

I. Conclusion

Chapter IV Acquiring and Disclosing Information

A. Agency Investigations in Context

B. Subpoenas: General Principles

C. Substantial Evidence Review

D. Abuse of Discretion Review

E. Findings and the Reasons

F. Review on the Administrative Record

G. Review of Rules

H. Agency Inaction and Delay

I. Conclusion

Chapter V The Informal Administrative Process

A. Settlement, Negotiation, and Alternative Dispute Resolution

B. Applications and Claims

C. Tests and Inspections

D. Suspensions, Seizures, and Recalls

E. Supervision

F. Publicity

G. Advice and Declaratory Orders

H. Contracts and Grants

I. Management

Chapter VI Procedural Due Process

A. Interests Protected by Due Process

B. Other Threshold Issues

C. The Process That Is Due

D. The Future of the "Due Process Revolution"

Chapter VII Formal Adjudications

A. Parties

B. Discovery

C. Evidence

D. The Institutional Decision

E. Bias and Prejudgment

F. Findings, Conclusions, and Reasons

Chapter VIII Procedural Shortcuts

A. Legislative Rulemaking

B. Summary Judgment

C. Official Notes

Chapter IX Rules and Rulemaking

A. The Types of Administrative Rules

B. Rulemaking Procedures

C. Executive Oversight

D. Rulemaking by Negotiation

E. Required Rulemaking

F. Conclusion: Rulemaking in Transition

Chapter X Obtaining Judicial Review

A. Jurisdiction: Routes to Review

B. Unreviewable Administrative Actions

C. Standing

D. Timing of Judicial Review

E. Primary Jurisdiction

F. Damage Actions Against the Government

G. Damage Action Against Officers

APPENDICES INDEX