Documente Academic
Documente Profesional
Documente Cultură
Spring 2016
What does Administrative Law Deal With?
problems.
Fundamentally different approach than non-
agency courses.
Administrative Law Practice
Tax
Environmental law
Securities law
Land use law
Health law
Energy law
Etc.
The Approach in this Course
Rulemaking
You have to know the law, but you also have to know
how the agency functions.
Course Materials
The E&E book
Basic intro to administrative law – read it all
Regulatory materials
What do regulatory documents look like?
Modules
These are meant to be basic class notes to help you learn the
basics so we can have a higher level discussion in class.
They include evaluation questions to help you prepare for
the exam.
Learning Objectives for the Course
Administrative law literacy
Key cases
Recognize administrative law issues
How to deal with agencies
How agencies are and must be political
Cost-benefit analysis
Unintended consequences of regulatory decisions
A hard look at a few regulatory problems.
History of Administrative Law
The Administration of Government
regulation)
The delegation was flexible, not enumerated
Administrative Law in the Constitution
Executive Branch
Judicial Branch
Executive Branch
Judicial Branch
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Agencies are Established by the
Legislature
Organization
Funding
purposes
Not an agency for military actions
31
Agencies are the Vehicle for Carrying out
Political Policy
Enforcement policy
When does a business get a second chance and when
Fiscal policy
Which diseases do you investigate when you have
limited staff?
What programs are cut when the budget is cut?
Legislature
Change the enabling law
Citizens
Petition the agency to change regulations
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Agency Practice
The Administrative Procedure Act (APA)
w/index.htm
The APA is secondary to the statutes that establish
an agency.
The APA only controls when the enabling act is
silent.
Rulemaking
Congress can give agencies the power to make rules that
have the same legal effect as statutes.
The public is given a chance to see and comment on these
rules before they become final.
Proposed rules are published in the Federal Register
Reporting duties
Administrative subpoenas
Administrative searches
Not based on probable cause
No exclusionary rule
information?
What is the standard for judicial review?