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Text: Administrative Law and Process
3rd Edition, Pierce, Shapiro, and Verkuil.Supplementary Cases And Materials:
http://plague.law.umkc.edu
http://www.dr-kate.comAll Assignments, Cases, And Study Guides Will Be On The Www Sites
Scope Of The Course
Basic Administrative Law
Familiarity With The Core Administrative Law Cases
Interplay Between State And Federal Administrative Law
Public Health As An Example Of Administrative Law In Action
Why Study Administrative Law?
It Is On The Bar
Especially important if you do not take Con Law II
A Lot Of Legal Work Is Administrative Law
Discuss common agencies
Discuss Impact on other litigation
Agencies Affect Your Own Life
Public health, zoning, FDA, HCFA, others
Some Of You Will Work For Agencies
History Of Administrative Law
Colonial Period
Local Citizen Boards
Nuisance abatement
Trade regs
1790 - 1890s
State ad law was pervasive
Banking, trade, health
Lots of local citizen boards
Federal was mostly military and maritime
1890s - 1940
Constitutional limits on state regulation of trade
Growth of federal agencies
FTC, FDA, FAA, FCC, ICC and others
1940 - 1998
Ramp up of federal government during WW II
No demobilization of government
More issues are federalized
Still a lot of local public health and safety regulation
1998 - ??
Constitutional limits on federal right to regulate states themselves
May strengthen state regulations on health and safety
Federal Administrative Law
Driven By Separation Of Powers
Legislative
Judicial
Executive
Executive Branch Function
Other Branchs Can Be Agencies In Their Own Functioning
Independent Agencies
Civil Service and Political Control
Interstate Commerce, Foreign Relations, Defense
Generally Big And Smarter Than States
State And Local Administrative Law
Organization of State Governments
No requirement for separation of powers
No requirement of independent agencies
State Agencies
County Agencies
Local Agencies
Primary Jurisdiction - Health And Safety
Often Small And Dumb
Low pay
Intrusive control by morons
No citizen support
Opposed by powerful interests
Where Do Agencies Come From?
Legislature Is The Stork
Enabling Legislation Delegates Power To The Agency
Agency Usually Gets To Fill In The Details
Main Issue of Judicial Review
Did the agency exceed its delegated authority?
Why Have Agencies?
Efficiency
What if Congress had to approve every medicare claim?
Speed And Flexibility
CDC can act faster if there is an infectious disease outbreak than can Congress
Expertise
Agencies develop expertise in attacking problems
Power Of Agencies
Great Latitude Of Allowable Actions
Limited Judicial Review
Limited right to a hearing before agency action
Arbitrary and capricious standard of review of agency decisionmaking
Limited Due Process Rights In Agency Proceedings
Problem With Capture
Problem With Morons
Why Is Public Health Special?
Food, Water, Sanitation, Communicable Disease Control
Broad Powers To Mess With Your Stuff
Broad Powers To Invade Your Privacy
Broad Powers To Invade Your Body Or Lock You Up
Conflict Between Individual Rights And Societal Interests
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