Administrative Law

Front Cover
Aspen Publishers Online, 2010 - Law - 273 pages
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

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Contents

Preface
xxvii
Casebook Correlation Chart
xxix
Introduction
xxxiii
Capsule Summary CS1
xxxvii
Introduction to Studying Administrative Law
1
Exam Tips on ADMINISTRATIVE LAW FUNDAMENTALS
7
Separation of Powers and Distribution of Administrative Power
9
Congressional Control of Administrative Agencies
15
Consistency and Clarity Requirements
141
Exam Tips on SUBSTANTIVE POLICYMAKING IN AGENCIES
148
Agency Enforcement and Licensing
151
Licensing and Ratemaking
155
Quiz Yourself on AGENCY ENFORCEMENT AND LICENSING
165
Agency Information Gathering
169
Exam Tips on AGENCY INFORMATION GATHERING
177
Private Enforcement of Regulatory Norms and Preemption
179

Adjudication within Administrative Agencies
24
The Availability of Judicial Review of Administrative Decisions
31
Jurisdiction
32
Exam Tips on THE AVAILABILITY OF JUDICIAL REVIEW
56
Judicial Review of Administrative Decisions
59
De Novo Review of Questions of Fact
63
Exam Tips on JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
74
Agency Choice of Procedural Mode
77
Informal Policymaking
85
Quiz Yourself on AGENCY CHOICE OF PROCEDURAL MODE
91
APA Rulemaking Procedures
95
Exam Tips on APA RULEMAKING PROCEDURES
109
Agency Adjudication and Due Process
111
Due Process and the Adjudicatory Hearing
117
Statutory Hearing Rights
126
Exam Tips on AGENCY ADJUDICATION AND DUE PROCESS
132
Substantive Policymaking in Agencies
135
Alternative State Remedies and Regulatory Preemption
184
Quiz Yourself on PRIVATE ENFORCEMENT OF REGULATORY NORMS
188
Liability of Agencies and Officials
191
Liability of State and Local Government Officials
200
Freedom of Information and Open Meetings
207
Discovery from the Government in Litigation
215
Essay Exam Questions
221
Essay Exam Answers
227
ShortAnswer Exam Questions
237
ShortAnswer Exam Answers
239
MultipleChoice Questions
243
Answers to the MultipleChoice Questions
247
Glossary
249
Table of Cases
257
Table of Statutes
263
Index
265
Copyright

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