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Administrative Law

Winter 2000 - Richards

Answer each question briefly, complete sentences are not necessary.  Make sure you put your exam number on each page of the examination.  Do not put your name or any other identifying information on the examination.  Use no more than the space provided, and not all of the questions require all the space provided.  Use specific case and statute references, as necessary.  Do not write on the back - I only read what is on the front.

By taking this exam you are on notice that this exam is covered by the honor code. Violating this rule will result in failure in the class and may result in dismissal from law school.

1) How does the seatbelt controversy illustrate the nature of the administrative process?  Be specific as to what happened.

2) What is the role and meaning of separation of powers in the organization of the US government, and where do agencies fit in the governmental structure?

3) How does congress control agencies?  (There are at least 6 ways.)

4) What happened in FTC v. Cement Institute and Pillsbury and what does it tell us about Congress meddling in adjudications?

5) What is an executive order, what are they used for, and what is an example from class?

6) What are the requirements for formal rulemaking and when is it used? (Examples?)

7) What are the requirements for informal rulemaking and when is it used? (Examples?)

8) What are the requirements for formal adjudication and when is it used? (Examples?)

9) What are the requirements for informal adjudication and when is it used? (Examples?)

10) Explain that case! For each case, briefly explain its significance in administrative law and any tests it standards for.

a) Chada

b) Chevron

c) Goldberg v. Kelly

d) Motor Vehicle Manufacturers Association v. State Farm

e) SEC v. Chenery

11) What are the 7 exemptions to the FOIA?  Give the title and a very brief description of what each exemption covers.

(b)(1)

(b)(2)

(b)(3)

(b)(4)

(b)(5)

(b)(6)

(b)(7)

12) How are these modified by the Privacy Act?

13) Why is there no ex parte contact problem in informal rulemaking, when is there an exception to this principle, and what test did the court use to determine this in HBO v. FCC and then in ACT v. FCC?

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