9780135109496

This comprehensive, up-to-date text covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, including fairness. Written to challenge students without overwhelming them, this flexible text can be adapted for widely diverse settings. ADMINISTRATIVE LAW: BUREAUCRACY IN A DEMOCRACY, 5/ereflects recent U.S. Supreme Court decisions concerning preemption, official and sovereign immunity, Bivens actions, standing, and the commerce clause; adds the timely F.C.C. v. Fox case to illuminate the #x1C;arbitrary and capricious#x1D; standard for agency rulemaking; and discusses the ongoing constitutional challenges to healthcare reform.

1. Introduction

2. Bureaucracy and Democracy

3. Agency Discretion

4. The Requirement of Fairness

5. Delegation

6. Agency Rulemaking

7. Agency Investigations and Information Collection

8. Formal Adjudications

9. Accountability through Reviewability

10. Accountability through Accessibility

11. Accountability through Liability

Appendix A. Constitution of the United States of America

Appendix B. Administrative Procedure Act (5 U.S.C. §551 et seq.)

Appendix C. Selected Executive Orders

Appendix D. Researching Administrative Law Issues

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Administrative Law Bureaucracy in a Democracy

Administrative Law Bureaucracy in a Democracy

0135109493

Summary

Table of Contents

Supplemental Materials