Law school legends audio on administrative law [electronic resource] / Patrick J. Borchers.
Saved in:
| Online Access: |
Streaming Audio (via West Academic) |
|---|---|
| Other Authors: | |
| Other title: | Administrative law. West Academic study aids online. |
| Format: | Electronic Audio |
| Language: | English |
| Published: |
St. Paul, MN :
Gilbert Law Summaries,
[2016]
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| Edition: | 4th edition. |
| Series: | Law school legends series.
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| Subjects: |
Table of Contents:
- Introduction
- Nature of agencies
- The Administrative Procedure Act (APA)
- Agencies simulate all branches
- Types of agencies
- Procedural due process
- Relevance to administrative law
- Four step test
- Step one: governmental action
- step two: individualized action
- Comparison with APA distinction between adjudication and rulemaking
- Step three: protected property or liberty interest
- Step four: amount of process due
- Administrative adjudication
- Basic divide between formal and informal adjudication
- Distinguish formal from informal adjudication
- The nature of formal adjudication
- Rulemaking - delegation and distinction
- Formal rulemaking
- Informal, notice-and-comment rulemaking
- Hybrid rulemaking
- Hypothetical #15
- Categorical exceptions from rulemaking proceedings
- External, non-judicial review of rules
- Bias and ex parte contacts in rulemaking
- Discretion to choose between rulemaking and adjudication
- Agency information gathering
- Clash between desire for privacy and accomplishment of regulatory objectives
- Three important devices
- Searches or inspections
- Recordkeeping and reporting
- Subpoenas
- Privilege limitations
- External controls on agencies
- Generally
- Delegation
- Estoppel
- Freedom of Information Act
- Executive controls
- Legislative controls
- Venue: generally determined by enabling act
- Form of challenge
- Preconditions of judicial review
- Standing
- Final order rule
- Ripeness
- Exhaustion of administrative remedies
- Primary jurisdiction
- "Committed to agency discretion by law"
- Statutory preclusion of review
- Judicial review
- Four questions
- Law
- Historical fact
- Policy
- Discretion
- Damage actions as a method of judicial review
- Exam approach
- Look for key words
- Classify the agency action: adjudication, rulemaking or information gathering
- Identify statutory limitation on agency's actions (principally APA)
- Identify constitutional limitations on agency's actions
- Identify constitutional limitation on agency's actions
- Identify any important pre-conditions of judicial review (e.g. exhaustion, standing)
- Classify the nature of the challenge: legal, factual, policy or discretion
- Apply the appropriate standard of review.