Administrative Law and Politics

Part I: THE RULE OF LAW IN PUBLIC ADMINISTRATION CHAPTER 1: WHY ADMINISTRATIVE LAW? Five Themes Theme One: A Brief History of the Administrative State Theme Two: The Broad Reach of Administrative Action and Power Theme Three: The Shortcomings of Regulatory Government Setting the Stage for the Study of Administrative Law Mississippi Reveals Dark Secrets of a Racist Time (Sack) Excerpts from Mississippi File on a Black Exercises and Questions for Further Thought CHAPTER 2: THE ORIGINS AND MEANING OF ADMINISTRATIVE LAW What Is Law? A First Look at the Development of Admini-strative Law Adjudication and the Basics of Due Process: Three Illustrations Morgan v. United States (1938) Goldberg v. Kelly (1970) Mathews v. Eldridge (1976) Theme Four: What Is Administrative Law? Theme Five: The Ethics of the Rule of Law in Bureaucratic Government Exercises and Questions for Further Thought Part II: ELEMENTS OF MODERN ADMINISTRATIVE LAW CHAPTER 3: THE CONSTITUTIONAL AUTHORITY OF AGENCIES The Constitutional Framework for Administrative Government Munn v. Illinois (1876) Lochner v. New York (1905) National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937) Dolan v. City of Tigard (1994) Kelo v. City of New London (2005) Economic Libertarians, Property, and Institutions: Linking Activism, Ideas, and Identities among Property Rights Advocates (Hatcher) The Delegation Doctrine The Illusion of the Ideal Administration (Jaffe) Mistretta v. United States (1989) Exercises and Questions for Further Thought CHAPTER 4: THE STATUTORY AUTHORITY OF AGENCIES The Law of Separation of Powers Immigration and Naturalization Service v. Chadha (1983) Statutory Limits on Agency Discretion NAACP et al. v. Federal Power Commission (1976) American Textile Manufacturers Institute v. Donovan (1981) Chevron v. Natural Resources Defense Council, Inc. et al. (1984) FDA v. Brown & Williamson (2000) Christopher v. Smithkline Beechman Corp. (2012) Vance v. Ball State University (2013) Exercises and Questions for Further Thought CHAPTER 5: INFORMATION AND ADMINISTRATION Investigations Wyman v. James (1971) Marshall v. Barlow's, Inc. (1978) Dow Chemical Company v. United States (1986) Immigration and Naturalization Service v. Lopez-Mendoza et al. (1984) Access to Information Held by Government Department of the Air Force v. Rose (1976) Milner v. Department of the Navy (2011) United States Department of Justice v. Reporters Committee for Freedom of the Press (1989) Nuclear Regulatory Commission v. Common Cause (1982) Exercises and Questions for Further Thought CHAPTER 6: INFORMALITY AND FORMALITY IN ADMINISTRATIVE LAW Examples of Informal Administration Informal Administration in Rulemaking and Adjudication Bi-Metallic Investment Co. v. State Board of Equalization of Colorado (1915) Adjudication at the Informal End of the Continuum A Study of Informal Adjudication Procedures (Verkuil) Board of Curators of the University of Missouri et al. v. Horowitz (1978) Informal Rulemaking Legal Problems in Informal Administration Federal Crop Insurance Corp. v. Merrill (1947) Exercises and Questions for Further Thought CHAPTER 7: ELEMENTS OF AN ADMINISTRATIVE HEARING Controlling Law A Threshold Question: What Triggers Formal Adjudication under the APA? Marathon Oil Co. v. Environmental Protection Agency (1977) The Components of a Hearing Walters v. National Association of Radiation Survivors (1985) A Determination on the Record and Statement of Reasons Note: Administrative Findings under Section 8(c) (1965) Mazza v. Cavicchia (1954) Gibson v. Berryhill (1973) Cinderella Career and Finishing Schools, Inc. v. Federal Trade Commission (1970) A Return to First Principles: Rethinking ALJ Compromise (Wertkin) Ventura v. Shalala (1995) Another View of Informality and Formality in Administrative Hearings EEOC Guidelines on Discrimination Because of Sex Dear Colleague Letter: Sexual Violence (Department of Education) New York University Policy on Sexual Assault, Harassment and Other Forms of Sexual Misconduct Exercises and Questions for Further Thought CHAPTER 8: AMBIGUITIES IN RULEMAKING PROCEDURES Is Rulemaking a Desirable Administrative Strategy? United States v. Florida East Coast Railway, Inc. (1973) Legislative and Adjudicative Rulemaking Natural Resources Defense Council v. Vermont Yankee Nuclear Power Corp. (1976) Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) Motor Vehicles Manufacturers Association v. State Farm Mutual Automobile Insurance Co. (1983) Regulatory Reform: Creating Gaps and Making Markets (Harrington) Exercises and Questions for Further Thought CHAPTER 9: ENFORCEMENT OF ADMINISTRATIVE POLICY Administrative Law and the Problem of Compliance The Nature of Administrative Sanctions Administrative Enforcement Techniques Enforcement and Political Resistance Citizen Initiation of Agency Enforcement Environmental Defense Fund v. Ruckelshaus (1971) Gwaltney of Smithfield v. Chesapeake Bay Foundation, Inc. and Natural Resources Defense Council (1987) Massachussetts v. EPA (2007) Legal Ambiguity and the Politics of Compliance: Affirmative Action Officers' Dilemma (Edelman, Petterson, Chambliss, and Erlanger) Exercises and Questions for Further Thought CHAPTER 10: JUDICIAL REVIEW Access to Judicial Review Abbott Laboratories, Inc. v. Gardner (1967) Association of Data Processing Service Organizations, Inc. v. Camp (1970) United States v. Students Challenging Regulatory Agency Procedures (1973) Clapper v. Amnesty International USA (2013) The Scope of Judicial Review Citizens to Preserve Overton Park v. Volpe (1971) Heckler v. Chaney (1985) Reviewing Questions of Fact and Questions of Law Universal Camera Corp. v. National Labor Relations Board (1951) National Labor Relations Board v. Hearst Publications, Inc. (1944) Scope of Review: Introduction to the American Public Law System (Mashaw and Merrill) Huzaifa Parhat v. Robert Gates, Secretary of Defense et al. (2008) Exercises and Questions for Further Thought Part III: PRACTICAL PROBLEMS IN ADMINISTRATIVE LAW CHAPTER 11: LIABILITY Responsibilities and Liabilities in Law Liabilities and Responsibilities Distinguished: An Important Illustration Tort Liability of Government for Acts of Officials Indian Towing Co., Inc. v. United States (1955) Griffin v. United States (1974) Allen v. United States (1987) DeShaney v. Winnebago County Department of Social Services (1989) County of Sacramento v. Lewis (1998) A New Legal Shield for States Exercises and Questions for Further Thought CHAPTER 12: THE LAW OF PUBLIC EMPLOYMENT The Development of Civil Service The Constitutional Requirements of a Termination Hearing Perry et al. v. Sindermann (1972) Cleveland Board of Education v. Loudermill (1985) Gilbert et al. v. Homar (1976) Other Protections for Public Employees Kelley v. Johnson (1976) National Treasury Employees Union et al. v. Von Raab (1989) Washington v. Davis (1976) United States District Court, Western District of Washington at Seattle Exercises and Questions for Further Thought Part IV: EVALUATING ADMINISTRATIVE LAW CHAPTER 13: PRINCIPLES AND POLITICS IN ADMINISTRATIVE LAW Surveying the Terrain The Current Administrative Law Debate Privatization, Prisons, Democracy, and Human Rights: The Need to Extend the Province of Administrative Law (Aman) Outsourcing Sovereignty: Why Privatization of Government Functions Threatens Democracy and What We Can Do about It (Verkuil) Agency's '04 Rule Let Banks Pile Up New Debt (Labaton) Practicing What We Have Preached