The underlying theme of the book examines the relationship of administrative agencies to democracy, in particular, how the law attempts to keep daily practices of government agencies accountable. The book includes discussions of bureaucracy and democracy; agency discretion and the requirement of fairness; delegation; agency rulemaking, investigations and information collection; agency adjudications; and accountability through reviewability, accessibility, and liability. For professionals practicing law, and those in the political science community.

". . . this text is the best I have ever read. In fact, it has provided me with new, interesting, and exciting material to present to my students. This text takes a mundane subject and makes it fascinating." — Cloud H. Miller, III, Esq., Florida State University

• "Real world" Procedural Aspects
• Includes
• Rulemaking
• Informal Action
• Agency Discretion
• Formal Adjudication
• Legal Analysis
Civil Liability

The underlying theme of the book examines the relationship of administrative agencies to democracy, in particular, how the law attempts to keep daily practices of government agencies accountable. The book includes discussions of bureaucracy and democracy; agency discretion and the requirement of fairness; delegation; agency rulemaking, investigations and information collection; agency adjudications; and accountability through reviewability, accessibility, and liability. For professionals practicing law, and those in the political science community.

(NOTE: Each chapter concludes with a Conclusion.)

Preface.

 1. Introduction.

1.1 Administrative Law Defined.

1.2 Sources of Administrative Law.

1.3 Administrative Agencies.

 2. Bureaucracy and Democracy.

2.1 Democracy and Accountability.

2.2 Controlling the Bureaucracy.

 3. Agency Discretion.

3.1 Introduction.

3.2 Detriments and Benefits of Discretion.

3.3 Limits on Agency Discretion.

3.4 Examples of Agency Discretion.

 4. The Requirement of Fairness.     

4.1 Due Process In General.

4.2 Protected Interests.

4.3 Cost-Benefit Analysis.

4.4 Notice.

4.5 Hearing.

4.6 Equal Protection.

 5. Delegation.

5.1 What Is Delegation?

5.2 Delegating Legislative Authority.

5.3 The Nondelegation Doctrine Today.

5.4 Delegating Judicial Authority.

5.5 Delegating to Private Agencies.

5.6 Delegation and Criminal Law.

5.7 Arrest and Delegation.

 6. Agency Rulemaking.

6.1 In General.

6.2 Rulemaking and Adjudication Defined.

6.3 The Volume of Rules.

6.4 Types of Rules.

6.5 Rulemaking Procedure.

6.6 Ratemaking.

6.7 Taxation and Revenues.

6.8 Controlling Rulemaking Authority.

 7. Agency Investigations and Information Collection.

7.1 Acquiring Information.

7.2 Recordkeeping and Reporting.

7.3 Inspections, Tests, and Searches.

7.4 Subpoenas.

7.5 Parallel Proceedings.

7.6 Paperwork Reduction Act.

  8. Agency Adjudications.

8.1 In General.

8.2 Notice.

8.3 Parties and Participation.

8.4 Discovery.

8.5 Prehearing Conference.

8.6 Prehearing Settlement/Adr.

8.7 The Hearing.

8.8 License Cases.

  9. Accountability through Reviewability.

9.1 In General.

9.2 Sources of Review Authority.

9.3 Agency Discretion.

9.4

9.5 Timing of Review.

9.6 Scope and Standards of Review.

9.7 Review of Rules.

9.8 Common Law Doctrines.

 10. Accountability through Accessibility.

10.1 Accountability through Accessibility.

10.2 Freedom of Information Act.

10.3 Privacy Act.

10.4 Government in the Sunshine Act.

10.5 Federal Advisory Committee Act.

10.6 Trade Secrets Act.

10.7 Privatization and the Public’s Right to Know.

11. Accountability through Liability.

11.1 Introduction.

11.2 Sovereign Immunity.

11.3 Federal Tort Claims Act and Its Exceptions.

11.4 Section 1983 Actions.

11.5 Constitutional Claims.

11.6 Common Law Torts and Official Immunity.

11.7 Tucker Act.

11.8 Private Parties as Government Actors.

12. Researching Administrative Law Issues.           

12.1 Introduction.

12.2 The Scope of Administrative Law.

12.3 Beginning the Search.

12.4 Rules Created by the Administrative Agency.

12.5 Finding Agency Decisions.

12.6 Searching the Federal Register.

12.7 Searching the CFR.

12.8 Computerized Sources for Administrative Law.

Appendix A: Constitution of the United States.         

Appendix B: Administrative Procedure Act Excerpts.           

Appendix C: Selected Executive Orders.     

Index.