Administrative Law : Bureaucracy in a Democracy

The underlying theme of the book examines the relationship of administrative agencies to democracy, in particular, how the law attempts to keep daily practices of government agencies accountable.The book includes discussions of bureaucracy and democracy; agency discretion and the requirement of fairness; delegation; agency rulemaking, investigations and information collection; agency adjudications; and accountability through reviewability, accessibility, and liability.For professionals practicing law, and those in the political science community.

Since the second edition of this text was published, the United States was attacked, resulting in wars in Afghanistan, Iraq, and against terror in the United States and around the World. The attacks of September 11, 2001 also led to one of the largest federal administrative restructures in recent history. These events and others, such as the continued growth of privatization of public services, challenged agencies, executive officials, and courts to rethink long-standing structural and legal paradigms. Although the Nation is in the midst of these changes and much of the law is yet to be defined, I have tried to identify the issues and lay the framework as it exists. These areas are likely to change before the next edition of this text is released. This creates opportunities for discussion in the classroom and for research outside of the classroom. I have retained all the organizational and pedagogical features of the Second Edition, which are outlined in the preface to the Second Edition, which follows below. In addition, here is a brief list of the most significant changes made in this edition: Several references to the newly formed Office of Homeland Security have been added. Examples were updated throughout the text. For example, in the discussion of executive orders, new orders concerning terrorism issued by President George W. Bush replaced orders issued by President William J. Clinton. Caselaw and figures have been updated throughout the text. New graphics were added in a couple of locations where the material was particularly challenging to students. In response to suggestions by the reviewers, the concepts of democracy and bureaucracy were more fully discussed early in the book, providing the readers with needed context. Several sections were more thoroughly developed, including the discussion of equal protection, which now includes,interalia, a discussion of Affirmative Action and the University of Michigan cases. Developments in government in the sunshine, particularly in regards to terrorism, have been added. A more thorough discussion, with a new illustration, of the relationship between the FOIA and Privacy Act has been added. A new section on privatization and liability was added. An expanded discussion and new chart on the state action doctrine enriches this change. Additional end-of-chapter problems were added to a couple of chapters. I benefited from the good counsel of several reviewers. Thanks to each of the following for taking the time to review and comment on the manuscript. As was true of the Second Edition, the final chapter on researching administrative law issues was contributed by Dr. Deborah Howard of the University of Evansville. This well-written chapter guides the introductory student through the challenging task of conducting basic administrative law research. Thanks again to Deborah for this important contribution. I also thank the editorial staff of Prentice Hall, who are courteous, professional, and a pleasure to work with. ADMINISTRATIVE LAW: BUREAUCRACY IN DEMOCRACY No legal subject is as timely and important as administrative law. Today, nearly every person will have contact with several government agencies in a year's time while never making contact with an elected representative. Even more, individuals, especially those who own or operate businesses, are more heavily regulated by administrative agencies than they are by their "political" representatives. The Framers of the United States Constitution intended to create a self-governing republic. But the Framers lived in a simpler world, one without international travel, the Internet, and businesses as large and powerful as nations. Governments have turned to large bureaucratic agencies to meet the demands of the increasingly large and complex nation. The challenge is to remember what the Framers feare