Administrative Law in the Political System (5th Revised edition)

Administrative Law in the Political System (5th Revised edition)

By: Kenneth F. Warren (author)Paperback

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Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System provides students with an informed and accessible overview of a difficult subject matter.

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About Author

Kenneth F. Warren is professor of political science at Saint Louis University, and he teaches and conducts research in the area of American politics. President of the Warren Poll for over two decades, he also conducts polls for the media, government, private clients, and politicians. He has served as a political analyst for local, national, and international media for thirty years, appearing in such news sources as the New York Times, the London Times, the Wall Street Journal, and the New Republic, and on most major television networks.


Preface 1 ADMINISTRATIVE LAW: AN INTRODUCTION Objectives of This Book Organization of This Book This Book's Approach: Systems Theory Administrative Agencies Play the Lead Roles The Nature of Administrative Law Administrative Law's Increasing Relevance Summary Saint Louis University v. Masonic Temple Association, 220 S.W. 3d 721 (2007) Comments and Questions Notes 2 THE GROWTH OF ADMINISTRATIVE POWER AND ITS IMPACT ON THE AMERICAN SYSTEM Growth of the Administrative System Agency Proliferation: From George Washington to Barack Obama An Important Historical Development: The Delegation of Power to Administrative Agencies The Power of Administrative Officials and Agencies Administrative Growth, the Public Interest, and Administrative Law Considerations Regulating in the Public Interest: Regulation Versus Deregulation Summary Whitman Administrator of Environmental Protection Agency v. American Trucking Associations, 531 U.S. 457; 121 S.Ct. 903 (2001) 89 Comments and Questions Notes 3 LEGISLATIVE ATTEMPTS TO ACHIEVE DEMOCRATIC ACCOUNTABILITY IN THE ADMINISTRATIVE PROCESS Keeping Administrators Accountable Traditional Congressional Oversight Powers Seeking Administrative Accountability Through Guidance Legislation The Administrative Procedure Act: An Overview of Its Role in Controlling Administrative Behavior Sunshine and Sunset Legislation Summary Rutan v. Republican Party of Illinois, 497 U.S. 62; 110 S.Ct. 2729 (1990) Comments and Questions Notes 4 PROTECTING ADMINISTRATORS FROM UNDUE INTERFERENCE AND HARASSMENT Legitimate Versus Illegitimate Meddling in the Administrative Process Protecting Administrators from Themselves and Others: Conflict-of-Interest Laws Congressional Influence Peddling Tinkering with Administrators: The President's Appointment and Removal Powers Summary Wiener v. United States, 357 U.S. 349; 78 S.Ct. 1275 (1958) Comments and Questions Notes 5 RULEMAKING: AGENCIES AS LEGISLATIVE BODIES The Growing Importance of Agency Rulemaking What Is Rulemaking? Rulemaking: Loopholes and Their Significance The Democratic Character of Rulemaking Procedures and Public Policy Outputs Sensible Suggestions for Making Rulemaking More Democratic Summary Motor Vehicle Mfrs. Ass'n v. State Farm Mutual, 463 U.S. 29; 103 S.Ct. 2856 (1983) Comments and Questions Notes 6 THE PUBLIC POLICY--MAKING TUG-OF-WAR BETWEEN RULEMAKING AND ORDERMAKING What Is Ordermaking? Differentiating Ordermaking from Rulemaking Pros and Cons of Ordermaking and Rulemaking in Agency Policymaking Summary National Labor Relations Board v. Bell Aerospace Company, 416 U.S. 267; 94 S.Ct. 1757 (1974) Comments and Questions Notes 7 AGENCY HEARINGS: HOW FAIR ARE THEY? Serving Due Process in Agency Hearings Administrative Hearings Versus Court Trials Bias, Due Process, and Regulatory Effectiveness Considering Evidence in Agency Hearings Decision Making in Agency Adjudications Summary State of California v. Federal Energy Regulatory Commission, 329 F.3d 700 (9th Cir. 2003) Comments and Questions Notes 8 ADMINISTERING PUBLIC POLICIES: DISCRETIONARY AGENCY ACTIONS Formal Versus Informal Agency Actions Defining Administrative Discretion A Historical Glance at Discretion: The Rule of Law Versus Discretionary Power Kenneth Culp Davis on the Problem of Discretion A Critique of Davis's Discretionary Justice Reacting to Davis: Gifford's Model of Discretionary Decision Making The Courts' Role in Controlling Discretionary Agency Actions Cases Overruling Discretionary Actions Cases Upholding Discretionary Actions Nontraditional Alternatives to Controlling Administrative Power Summary Federal Communications Commission v. Fox Television Stations, 129 S.Ct. 1800 (2009) Comments and Questions Notes 9 JUDICIAL REVIEW OF AGENCY BEHAVIOR Judicial Review: An Overview The Changing Role of the Courts The Availability of Judicial Review of Administrative Actions Scope of Review Court Orders and Problems of Compliance Summary United States v. Mead Corporation, 533 U.S. 218; 121 S.Ct. 2164 (2001) Comments and Questions Notes 10 SUING THE GOVERNMENT AND ITS ADMINISTRATORS Tort Liability Issues in a Democratic State: An Overview The Sovereign Immunity Doctrine Suing Governmental Administrators: The Road to Qualified Immunity for Administrators Toward Increased Governmental Liability and Decreased Official Liability? The Question of Presidential Immunity Summary Jones v. Byrnes, U.S. App. Lexis 24476 (6th Cir. 2009) Comments and Questions Notes 11 AN ADMINISTRATIVE LAW CHALLENGE: BALANCING SOCIETAL AND INDIVIDUAL RIGHTS WHEN CONDUCTING ADMINISTRATIVE SEARCHES AND SEIZURES Balancing: A Tough Challenge for Administrators Preserving Individual Liberties in the Face of Mass Control Efforts: An Introductory Comment Administrative Practices and the Bill of Rights Administrative Actions Under the Fourth Amendment The Decline of the Individual's Right Against Self-Incrimination During the Rise of the Administrative State "Administrative" Searches and Seizures Since the Terrorist Attacks of 9/11 and the Passage of the USA PATRIOT Act Summary Safford Unified School District #1 v. Redding, 555 U.S. ; 129 S.Ct. 2633 (2009) Comments and Questions Notes Appendix: Federal Administrative Procedure Act Glossary: Key Legal Terms Case Index Name Index Subject Index

Product Details

  • publication date: 13/07/2010
  • ISBN13: 9780813344560
  • Format: Paperback
  • Number Of Pages: 640
  • ID: 9780813344560
  • weight: 1114
  • ISBN10: 0813344565
  • edition: 5th Revised edition

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