Climate Change Project

Table of Contents



Administrative Law
Public Health

Introduction to Administrative Law

Tuesday/Thursday 2:00 - 3:15 Pm

Text: Administrative Law and Process
3rd Edition, Pierce, Shapiro, and Verkuil.

Supplementary Cases And Materials:

All 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




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?


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


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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